Quantcast
728 x 90
728 x 90
728 x 90
728 x 90
728 x 90



  • First decision of the Supreme Court Term: a unanimous liberal result

    First decision of the Supreme Court Term: a unanimous liberal result0

    • November 7, 2018

    The statute is based on an overly-expansive definition of congressional power . . . But no member of the court wrote a concurring opinion to point that out . . .

    READ MORE
  • What Does the Constitution Say About Federal Land Ownership?0

    • February 6, 2016

    The “Bundy stand-off” in Oregon at a federal wildlife refuge has triggered (or, rather, re-triggered) questions about the constitutionality of federal land ownership. Westerners in particular question why the federal government should own nearly 30% of the country. In the West, the issue is particularly important. The federal government has title to about half the

    READ MORE
  • The Impending Convention for Proposing Amendments — Part IV0

    • December 31, 2015

    Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I, II, and III appear below this post, and Parts V and VI will be posted in the near future. How the judiciary’s decisions shed light on the federal amendments convention Although there has not

    READ MORE
  • The Necessary and Proper Clause Grants Congress No Power0

    • June 1, 2015

    In a recent post, I pointed out that, despite superficial appearances, the Constitution’s Necessary and Proper Clause—clarifying that Congress has authority to make laws “necessary and proper” to carrying out its other enumerated powers—actually grants Congress no power. The Necessary and Proper Clause is representative of one of four related kinds of provisions found in

    READ MORE
  • Evidence on the Powers the Constitution Leaves Exclusively to the States0

    • May 18, 2015

    This column also appears at CNSNews. The Constitution enumerates the powers of the federal government. But has anyone listed the exclusive powers of states—the realm the federal government may not invade without violating the Constitution? When discussing state authority, the Founders usually pointed out only that the federal government’s powers were, as Madison said, “few

    READ MORE
  • Chief Justice John Marshall: Not the Big Government Guy You Might Think0

    • February 22, 2015

    Chief Justice John Marshall (in office 1801-1835) is often identified with an expansive “big government” interpretation of the Constitution. Fans of big government cite him as an ally; opponents as an enemy. This view of Marshall is a caricature. It is true that Marshall was a Federalist—he occupied a place on the political spectrum of

    READ MORE