In sum, the Iran deal is unconstitutional (a) because the President has not taken sufficient action to assure that it is nonbinding under international law, and (b) even if it is nonbinding under international law, it should be only a commitment of the current President and should not purport to be an undertaking of future Presidents for whom the current President cannot speak.Details
What role does the Declaration have in constitutional interpretation, if any?
When it comes to understanding the meaning of the Constitution, many Americans don’t give the Declaration of Independence the first thought. But some argue that as the founding American document, everything hangs on it, and we must interpret the Constitution exclusively through the Declaration. They view the Constitution and the government it created as a mechanism through which we realize principles laid out in the Declaration of Independence.Details
When we talk about the “supremacy clause” in the Constitution, we generally think of it in terms of establishing the supremacy of the federal government.
It does that.
But have you ever stopped to consider that the “supremacy clause” also declares the supremacy of the states and the people?Details
For over a year, we’ve repeatedly heard from supporters of an organization called Convention of States Project that nullification can’t or shouldn’t be done because – “Nullification….is not in the Constitution.”
We’re not sure why this particular message comes from this direction, but it’s consistent, and common.
More important, though, this is a great example of the complete and utter lack of constitutional education in this country.Details
From the National Constitution Center Bruce Ackerman is the Sterling Professor of Law and Political Science at Yale University. His latest book is We the People: The Civil Rights Revolution. Louis Fisher is Scholar in Residence at the Constitution Project. He previously worked for four decades at the Library of Congress as a Senior Specialist…Details
by Gene Healy, CATO Institute Today, six months after President Obama unilaterally launched our latest war in Iraq, five months after he expanded the war to Syria, four months after his administration thought up a name for the war, and three months after he promised to go to Congress for authorization, the president sent congressional…Details
Article I, Section 10, Clause 3 (I-10-3) of the Constitution forbids states from imposing any “Duty of Tonnage” without the consent of Congress.
During the Founding Era, tonnage was a levy imposed on the cargo capacity of ships entering or leaving harbors. As the Constitution’s words indicate, it was a species in a larger class of financial exactions known as duties.Details
As has been widely reported, House Speaker John Boehner has invited Israel’s Prime Minister Netanyahu to address the U.S. Congress. If Congress does host the speech, would it be unconstitutional? Peter Spiro at Opinio Juris suggests that it would. I agree.Details
The Constitution requires the President to “take Care that the Laws be faithfully executed.” This “take Care” language came from 18th century commissions and formal instructions by which higher officials delineated what lower officials were to do. The premier examples were royal instructions to colonial governors, but the Continental and Confederation Congresses used the same language in instructing civil and military officials.
The Constitution’s language is both a grant of enumerated power to the President and a mandatory duty imposed on him.