Necessary Does not Mean Useful or Convenient
By: TJ Martinell One of the most famous and important Supreme Court opinions is from the 1819 McCulloch v. Maryland case. It set the stage for massive expansion of federal power by incorrectly ...
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Today in History: New York Ratifies the Constitution
By: Mike Maharrey On this date in 1788, New York became the 11th state to ratify the Constitution. The Constitution narrowly won approval by a 30-27 vote on July 26, 1788, ...
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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 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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