SCOTUS Curbs EPA: The Sackett Case
Justice Alito’s majority opinion held that the phrase “waters of the United States” means only defined bodies of water—such as lakes and streams—and those wetlands that so border them that their waters’ surface merges with the surface of the lake or stream.
The Supreme Court’s New Decision on ‘Taking Property’
The justices unanimously ruled that keeping the entire tax-sale proceeds was unconstitutional.
The Founders and the Constitution, Part 11: George Mason
Mason impacted the Constitution both by helping to draft it and helping to oppose it.
The “Nondelegation” Doctrine and the Necessary and Proper Clause
The scope of permissible delegation must be determined from the text of each power and the surrounding context. But there is no need to insert the Necessary and Proper Clause into the equation, except as a useful reminder.
Why Madison’s 1800 Report is Irrelevant to the Constitutional Debate Over Immigration
For many reasons, you shouldn’t try to recreate the Constitution’s original meaning from sources arising after the Constitution was adopted.
The Founders and the Constitution, Part 10: Gouverneur Morris
Morris, who put the final finish on the Constitution, was a fierce opponent of slavery.
The Founders and the Constitution, Part 9: George Washington
Washington influenced the Constitution’s operation far more as president than as a framer.
The Founders and the Constitution, Part 8: Alexander Hamilton
Hamilton helped get the Constitution adopted, but wanted a much stronger central government.
The Founders and the Constitution, Part 7: John Rutledge
An astonishing number of Rutledge’s ideas ended up in the final Constitution.
New Video! Caldara interviews Natelson on the Founders and the Constitution
This video tells some of the Constitution’s “back story.”
The Founders and the Constitution, Part 6: James Wilson
Despite the clear wording of the 10th Amendment, apologists for federal power still use Wilson’s “inherent sovereign authority” theory.
The Founders and the Constitution, Part 5: Edmund Randolph
If not for Edmund Randolph, America’s most populous and most influential state would have rejected the Constitution. George Washington would have been ineligible for the presidency. The Union would have been smothered in its cradle.