A Future Justice Kavanaugh and Executive Privilege
If a prosecutor one day decided to indict President Donald Trump, a future Justice Brett Kavanaugh might not be the one to stop it. Media reports, like this one over ...
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Anti-Commandeering: An overview of five major Supreme Court cases
The Supreme Court has long held that states do not have to actively participate in the enforcement or effectuation of federal acts or regulatory programs. James Madison’s advice for resisting ...
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Supreme Court’s Sports Gambling Opinion is a Rare and Major Win for the Tenth Amendment
Earlier today, the Supreme Court issued its decision in Murphy v. NCAA. The Court’s opinion was rare in that it not only struck down a federal law that infringed on ...
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The Proof is in the Pudding: State and Local Action Drives Change in D.C.
I frequently say “Washington D.C. will never fix America’s problems. Washington D.C. is America’s problem!” People often take that to mean I don’t think we can fix America’s problems. That’s ...
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Today in History: The Philadelphia Convention Convenes
On May 14, 1787, delegates from the several states convened in Philadelphia, forming a convention with the initial aim of proposing amendments to the Articles of Confederation. Over the course ...
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War and the Separation of Powers
A popular way to begin the first day of class in constitutional law in many American law schools is to ask the students what sets the U.S. Constitution apart from ...
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Governors Should Veto National Guard Deployments More Often
by Ryan McMaken, Mises Institute Donald Trump and California Governor Jerry Brown have failed to come to an agreement over how California National Guard troops should be used at the US-Mexico border. Gov. ...
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Pick One: Constitutional Principles or Your Policy Preferences
In 1788, James Madison offered a blueprint for stopping “unwarrantable measures” enacted by the federal government. In Federalist #46, the “Father of the Constitution” advised a refusal to cooperate with ...
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The Constitution Doesn’t Create Rights
I heard an interesting conversation on a radio show the other day. The host was talking about NSA spying, and the discussion turned to recent revelations that the agency listened ...
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