Implied Powers in the Constitution
The Founding-era doctrine of implied powers has been misunderstood during the modern era. Result have been an over-estimate of congressional power and confusion about the President’s authority.
Learn About Chief Justice John Marshall from Rob Natelson’s New Audio Series
Was Marshall really a model for liberal activist justices? Learn the truth in this audio series.
The Great John Marshall, Part 4
Marshall was not part of the “living constitution” project. He sought to interpret the Constitution according to “the intention of its makers.”
The Great John Marshall, Part 3
There has been a effort in the law schools—and at times in the Supreme Court—to appropriate Marshall as a model for liberal activism.
The Great John Marshall, Part 2
Modern accounts of the XYZ affair are bad enough, but they do not begin to capture the insulting nature of the repeated French demands.
The Great John Marshall: Part 1
John Marshall helped secure adoption of the Constitution.
John Marshall Refuted Claims that the Feds Have “Inherent Sovereign Authority”
Chief Justice John Marshall refuted “inherent sovereign authority” claims.
Abolish the CDC and NIH
All of these are easily accessible examples of CDC and NIH politicization. . . . Only whistleblowers can reveal the full extent of the rot within.
The Constitution tells us impeachment is valid even though the Speaker has not transmitted it
Nothing in the Constitution gives [the Speaker of the House a presidential-style veto.
Lies law professors tell
[A] whole generation of law students has been trained to think that the 19th century courts were heartless tools of malicious capitalists, and that enlightened reform came only with the virtuous 20th century “progressives.”
Why McCulloch v. Maryland—now 200 years old—is not a ‘big government’ manifesto
In the 20th century, the Supreme Court cited McCulloch to uphold unprecedented federal spending and regulatory programs. Law school constitutional law courses sometimes treat McCulloch the same way. . . . [But] this approach is the product of historical ignorance.
Struggling With Nullification
Does a state have the right to nullify federal statutes the state considers unconstitutional? This depends largely on how you define “nullification.” It also depends on what you mean by “right” and what kind of document you understand the Constitution to be. In other words, it depends on your premises. Unfortunately, people often discuss—and debate, […]
