May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
necessary and proper clause
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New evidence on the meaning of the Necessary and Proper Clause0
- April 21, 2019
“. . . .the powers of this Congress are confined to what is expressly delegated to them”
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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 MOREWhat 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
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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 MOREThe 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 MOREEvidence 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
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