Was the 10th Amendment Redundant?
Thomas Jefferson considered the 10th Amendment the “Foundation of the Constitution.” 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...
What Criminal Laws are Congress Authorized by the Constitution to Make?
Federalist supporters of the constitution repeatedly assured ratifiers that criminal law – outside a few exceptions – would be exclusively a state concern. In fact, there are just 5 categories where congress has been delegated a power to create criminal...
10th Amendment: The Enumerated Powers of States
During the debates over ratifying the Constitution, its opponents said It’s not enough to list what the federal government can do. To make the document clear, you also need a list of examples of what the federal government cannot do. Path to Liberty: June 10, 2020...