Bill of Rights
An Insult to the 9th Amendment?
Damon Root at Reason.com thinks the recent Dobbs decision is an “insult to the 9th Amendment.” His position is based on two faulty premises: 1. That “originalism” is based on what the opponents of the Constitution worried the document would do...
Incorporation: Applying the Bill of Rights to the States
Incorporation – the legal doctrine whereby the Supreme Court applies the Bill of Rights to the states, was not part of the original, legal meaning of the Constitution. Instead, it arose out of the 14th Amendment, and the court first started applying it...
Was the 10th Amendment Redundant?
Thomas Jefferson considered the 10th Amendment the โFoundation of the Constitution.โ But he was far from alone. Even before the 10th was drafted, leading federalists repeatedly told us the Constitution was written under this same structure of delegated and reserved...
The Other 16th Amendment: Separation of Powers
James Madison considered the separation of powers so important he not only called it a โdogmatic maxim,โ he expressly included it as the 16th of his proposed Amendments to include a Bill of Rights. Path to Liberty: May 2, 2022...