James Madison: Speaking on the Bill of Rights and the 9th Amendment

On June 8, 1789, James Madison made a statement regarding the introduction of a Bill of Rights, along with the 9th Amendment, which reads: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people Here’s Madison, in his own words: It has been objected also…

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Necessary and Proper Clause in an Establishment Clause case

I’m pleased to report that this past week the brilliant Justice Clarence Thomas cited my work on the Necessary and Proper Clause in his concurring opinion in Town of Greece v. Galloway, an Establishment Clause case that received wide publicity. This was the thirteenth citation in the third Supreme Court case in the past 11 months.

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Thomas Colby: Originalism and the Ratification of the Fourteenth Amendment

The Amendment can therefore claim no warrant to democratic legitimacy through original popular sovereignty. It was added to the Constitution despite its open failure to obtain the support of the necessary supermajority of the American people.

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