May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
Marshall was not part of the “living constitution” project. He sought to interpret the Constitution according to “the intention of its makers.”
READ MOREAlexander Hamilton may have borrowed part of his Necessary and Proper Clause analysis from a famous English theologian.
READ MOREThe Commerce Clause part of the decision is a mess. There is no more polite way to describe it.
READ MOREJustice Clarence Thomas frequently uses concurring and dissenting opinions to explain the Constitution’s fundamental principles.
READ MOREThe justices unanimously ruled that keeping the entire tax-sale proceeds was unconstitutional.
READ MOREThe 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.
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