The First Amendment’s Wall of Separation
By: Mike Maharrey In an 1802 letter to the Danbury Baptist Association, Thomas Jefferson wrote, “I contemplate with sovereign reverence that act of the whole American people which declared that their ...
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You Should Barely Know the Federal Government Exists
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
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?
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
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
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
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
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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