“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
How many times have I heard that if something is wrong with a law of Congress the Supreme Court will stop it and that the Court is totally independent of Congress? Both views are decidedly incorrect. Supreme Court members may, in fact, agree that something is...
What if the Supreme Court became an arbitrator trying to please both sides rather than “letting the cards fall where they may,” ruling alone on constitutionality as designed? In the end neither side is really happy and the Court’s function is blurred or discredited....
What follows are six major changes to traditional constitutional procedure that have happened the past six months, none of which through the change process required in Article V of the Constitution, but each will adversely affect the distribution of power in this...
With respect to the Supreme Court’s ruling on National Health Care, Justice Anthony M. Kennedy said that the court majority “regards its statutory interpretation as modest. It is not.” Then, noticeably disturbed by the ruling, added. “It amounts to a vast judicial...
The U.S. Constitution requires that states remain a republic and gives the federal government authorization to mandate such (Art. IV, sec. 4), but does it work the other way? Can the states require that the federal government remain a republic and not turn into a...