“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.”
On October 20, 2023, I posted an essay on this website addressing the claim that the federal government has powers outside those enumerated in the Constitution. The usual basis for this claim of “inherent sovereign authority” is that upon Independence, sovereign power...
Today in 1801, John Marshall was appointed the Chief Justice of the United States by President John Adams. Nominated at a time of severe partisan discord, Adams hoped Marshall’s appointment would help to counteract the influence of the Jeffersonian Republicans and...
At a time when the federal government, and especially the president, have declared that they will dictate health decisions to nearly every American, it is worthwhile to remember the words of our greatest Chief Justice—John Marshall. In reading his comment, you should...
Today in 1801, John Marshall was appointed the Chief Justice of the United States by President John Adams. Nominated at a time of severe partisan discord, Adams hoped Marshall’s appointment would help to counteract the influence of the Jeffersonian Republicans and...
While supporters – and opponents – of the monster state often point to 3 New Deal era cases as pivotal for expansion of federal power under the Commerce Clause, it’s important to go even further back, to 1824, and John Marshall’s landmark opinion in...
Almost everything in modern “constitutional law” is based on a myth. “A long, long time ago — 1803, if the storyteller is trying to be precise — in the famous case of Marbury v. Madison the Supreme Court of the United States created the doctrine of...