originalism

Direct Taxes and the Founders’ Originalism 0
- August 29, 2024
If the Framers had believed the Constitution would be construed by any rules other than those then prevailing, they would have worded it very differently.
READ MORE
Wealth Taxes and the Direct-Indirect Tax Controversy 0
- July 12, 2024
A law imposing a federal wealth tax would be unconstitutional unless the projected revenue was apportioned among the states by population.
READ MORE
Clearing Up the Confusion About the Constitution’s Term “Direct Taxes”0
- July 12, 2024
Misunderstanding the Constitution’s term “direct tax” led the Supreme Court to erroneously uphold Obamacare. Next, it might lead to a new federal wealth tax.
READ MORE

The Great John Marshall, Part 4 0
- June 7, 2024
Marshall was not part of the “living constitution” project. He sought to interpret the Constitution according to “the intention of its makers.”
READ MORE
Alexander Hamilton, Richard Hooker, and the Necessary and Proper Clause 0
- April 10, 2024
Alexander Hamilton may have borrowed part of his Necessary and Proper Clause analysis from a famous English theologian.
READ MORE
The Supreme Court’s Confused Decision in Haaland v. Brackeen 0
- June 21, 2023
The Commerce Clause part of the decision is a mess. There is no more polite way to describe it.
READ MORE

Contribute