We Should Accept the Supreme Court’s Invitation to Check and Balance...
Rarely does a unanimous Supreme Court announce a sea change in the balance of power between the states and the federal government. But nearly a year ago, on June 16, 2011, the Court did just that. In...
View ArticleNFIB v. Sebelius: A Case About Sovereignty
I have spent the last several days reading and re-reading the opinions in NFIB v. Sebelius, hoping to find a unifying “theme” to organize all my thoughts about the case before posting about any of...
View ArticleSam Tanenhaus’ Calhounian Discipleship
I write from the Washington, DC suburbs, now quivering in fear from the violence of the last few weeks, from madmen, our police, and our Redskin-baiting politicians. But a Canadian immigrant (and I...
View ArticleThe Constitution Created an Expansive, not a Strictly Limited Federal Government
The revolution of 1787-1791 overthrew a constitution that strictly limited the federal government in favor of one with general welfare and necessary and proper clauses that allowed the federal...
View ArticleJustice Scalia and Congress’s Power to Regulate Immigration
In a recent post, I noted that Justice Scalia has been criticized for departing from originalism in various areas. But the positions that Justice Scalia took in many of these cases – including a...
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Viva National League of Cities v. Usery
As it tends to do when not in political control in Washington, the Left has rediscovered the power of state sovereignty. That doctrine is being used to resist the new administration’s federal...
View ArticleThe Constitution Created an Expansive, not a Strictly Limited Federal Government
The revolution of 1787-1791 overthrew a constitution that strictly limited the federal government in favor of one with general welfare and necessary and proper clauses that allowed the federal...
View ArticleSam Tanenhaus’ Calhounian Discipleship
Statue of Adam Smith on the Royal Mile in front of St. Giles Cathedral in Edinburgh, Scotland (Rob van Esch / Shutterstock.com).I write from the Washington, DC suburbs, now quivering in fear from the...
View ArticleClik here to view.
The Constitution Created an Expansive, not a Strictly Limited Federal Government
In response to: The Constitution’s Structural Limitations on Power Should Be the Focus of the Bill of Rights The revolution of 1787-1791 overthrew a constitution that strictly limited the federal...
View ArticleJustice Scalia and Congress’s Power to Regulate Immigration
Statue of Adam Smith on the Royal Mile in front of St. Giles Cathedral in Edinburgh, Scotland (Rob van Esch / Shutterstock.com).In a recent post, I noted that Justice Scalia has been criticized for...
View ArticleClik here to view.
Viva National League of Cities v. Usery
As it tends to do when not in political control in Washington, the Left has rediscovered the power of state sovereignty. That doctrine is being used to resist the new administration’s federal...
View ArticleClik here to view.
The Privileges or Immunities Clause and Unenumerated Rights
Shutterstock.com The majority in Slaughterhouse correctly rejected the idea that the Privileges or Immunities Clause protects unenumerated absolute rights.
View ArticleWe Should Accept the Supreme Court’s Invitation to Check and Balance...
Rarely does a unanimous Supreme Court announce a sea change in the balance of power between the states and the federal government. But nearly a year ago, on June 16, 2011, the Court did just that. In...
View ArticleNFIB v. Sebelius: A Case About Sovereignty
I have spent the last several days reading and re-reading the opinions in NFIB v. Sebelius, hoping to find a unifying “theme” to organize all my thoughts about the case before posting about any of...
View ArticleSam Tanenhaus’ Calhounian Discipleship
I write from the Washington, DC suburbs, now quivering in fear from the violence of the last few weeks, from madmen, our police, and our Redskin-baiting politicians. But a Canadian immigrant (and I...
View ArticleJustice Scalia and Congress’s Power to Regulate Immigration
In a recent post, I noted that Justice Scalia has been criticized for departing from originalism in various areas. But the positions that Justice Scalia took in many of these cases – including a...
View ArticleClik here to view.
Viva National League of Cities v. Usery
As it tends to do when not in political control in Washington, the Left has rediscovered the power of state sovereignty. That doctrine is being used to resist the new administration’s federal...
View ArticleThe Privileges or Immunities Clause and Unenumerated Rights
In a recent essay at American Greatness, Mark Pulliam took the Supreme Court and libertarian constitutional scholars to task for supporting the doctrine of substantive due process and the concept of...
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