The Original Meaning of “Necessary” in the Necessary and Proper Clause
By: TJ Martinell One of the most significant (and often abused) clauses in the U.S. Constitution is the “Necessary and Proper” Clause. The clause states: “The Congress shall have Power… To ...
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Constitutional Supremacy, Not Judicial Supremacy
By: TJ Martinell In response to a U.S. Supreme Court opinion, President Andrew Jackson allegedly remarked “John Marshall has made his decision; now let him enforce it!” Whether he actually said ...
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Understanding Federal Supremacy
By: Mike Maharrey The Supremacy Clause stands as one of the most misunderstood and abused provisions in the Constitution. This Constitution, and the Laws of the United States which shall be ...
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The Struggle for Ratification: Advocates and Opponents Debate Judicial Review (Part 1)
By: Bob Fiedler One of the most striking and unique and hotly debated aspects of the American system of government is judicial review. Where precisely does this doctrine arise from? Technically, ...
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Federal Reserve and Enumerated Powers
By: Mike Maharrey The Federal Reserve is the engine that drives the biggest, most powerful government in the history of the world. We can trace the origins of the federal reserve back to ...
Read more.Alexander Hamilton’s “Implied Powers” Wrecked the Constitution
By: Mike Maharrey During the ratification debates, supporters of the Constitution insisted that the new general government would only exercise the powers explicitly enumerated in the document. But less than three years ...
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The Original Meaning of “High Crimes and Misdemeanors,” Part I
by Michael Stokes Paulsen I am in the midst of a series on the constitutional power of impeachment. A quick review: My first post set forth my core thesis – ...
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The Ratification-Era Understanding of “High Crimes and Misdemeanors”
by Michael Stokes Paulsen Yesterday, I set forth Alexander Hamilton’s treatment of the scope of the constitutional power of impeachment in The Federalist: the broad range of offenses embraced by ...
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Alexander Hamilton, The Federalist, and the Power of Impeachment
by Michael Stokes Paulsen In my most recent posts, I set forth the evidence from English legal history and from the records of the Constitutional Convention supporting a broad understanding ...
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4 Founders on the President and War Powers under the Constitution
By: Michael Boldin A lot of “experts” want you to believe that under Article II, Section 2 of the Constitution the executive branch rarely – if ever – needs to ...
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