The Supreme Court Was Wrong About Taxes

The Constitution’s crucial distinction between “direct” and “indirect” taxes was well-understood by the Founders, but due to lack of scholarly guidance the Supreme Court often has gotten the distinction wrong.

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.