“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.”
The Supreme Court’s decision yesterday in McCutcheon v. FEC (invalidating aggregate campaign contribution limits under the First Amendment) has little of originalist interest. Chief Justice Roberts’ plurality (for himself and Justices Scalia, Kennedy and...
Nullification, as an idea, is simple. Legislation, as a process, is not. And when it comes to the egregious violations of the Constitution claimed as federal powers to indefinitely detain anyone without due process, the mode of restoring rule of law will require...
Over at Watchdog.org, blogger Josh Peterson says that anti-commandeering is “disputable under the US Constitution’s Supremacy Clause…which defers authority to the federal government in the event a conflict over power takes place between the federal...
This question just came in on our feedback forum, and I thought it was important enough to discuss that I’d share my answer here. QUESTION: Is the principle of anti-commandeering synonymous with nullification ANSWER: It depends on how you define the word...
With Utah’s Marriage Amendment recently overturned by a federal court, many Utahns are doubtless wondering what exactly justifies (or not) the courts in overturning the voice of the People. The answer to this question lies in the concept of Rule of Law. Rule of...
There have been some great posts on the President’s side in anticipation of yesterday’s recess appointments argument (including those I linked to earlier by Eric Posner, Elizabeth Wydra and Sidney Rosdeitcher, plus this one in The Atlantic by Peter...
