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You Should Barely Know the Federal Government Exists

December 1, 2020 10th Amendment 0

By: Mike Maharrey Thomas Jefferson called the Tenth Amendment “The foundation of the Constitution.” “The powers not delegated to the United States by the Constitution, nor prohibited by it to the ...

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The Nature of the Federal Government

November 11, 2020 Uncategorized 0

By: Mike Maharrey We have flipped the American constitutional system on its head. It operates exactly the opposite of how the supporters of the Constitution said it would. So, what type ...

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Does the Creature Dictate to the Creator?

June 23, 2020 Constitution 0

By Publius Huldah WHERE did the federal government come from? It was CREATED by the Constitution. WHO ratified the Constitution? WE THE PEOPLE, acting through special ratifying conventions called in ...

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Constitutionally, Religious Gatherings Must Enjoy the Same Rights As Protest Gatherings

June 20, 2020 Uncategorized 0

By Walter Olson Ten days can be a long time in constitutional law. On May 29 a closely divided U.S. Supreme Court, with Chief Justice John Roberts joining the four more liberal ...

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The American Revolution Was a Constitutional Crisis

By: Mike Maharrey At its core, the American Revolution was a constitutional crisis. The British system of government during the colonial era was a constitutional system, but not in the ...

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“Necessary” Is Not a Constitutional Argument

May 27, 2020 Constitution / Tench Coxe 0

By: Mike Maharrey I hear a lot of bad constitutional arguments justifying this or that federal action. One common justification for expanding federal power is: “This thing is necessary! It ...

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Law Professor Gets F In Constitutional Calculus

May 25, 2020 10th Amendment 0

By: Mike Maharrey If you’re going to make a constitutional argument for some federal action, it will prove more compelling if you actually make a constitutional argument. That means pointing ...

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Read the Commerce Clause in the Light cast by the other Parts of our Constitution

March 7, 2020 Uncategorized 0

By: Publius Huldah The parts of our federal Constitution are so interrelated that it is impossible to understand a single clause therein without considering all of the other provisions of ...

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Want to Understand the Constitution? Don’t Ask a Lawyer!

By: Mike Maharrey Most Americans say the Constitution is important. Most Americans say it’s crucial for the government to stay within its constitutional bounds. But what exactly are the constitutional ...

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Ignoring the Constitution

February 8, 2020 Constitution 0

By: Jacob Hornberger Constitutional violations have become so commonplace in American life that when they occur, the reaction among many Americans is ho-hum. There are two classic examples of this ...

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