“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.”
Despite what supporters of the monster state want you to believe, there are times when states push back against federal power and the supremacy clause doesn’t even apply. Learn about this powerful 10th Amendment tool called anti-commandeering. Path to Liberty: May 27,...
In his 1850 essay The Law, Bastiat railed against socialism, and argued that legitimate law isn’t just the will of politicians, but instead is based on protecting the natural rights of individuals. You can see inspiration in these views from Locke, Jefferson, Paine...
You are not bound to obey. That’s what the founders and old revolutionaries said about government acts that go beyond the limits of the constitution. These are acts of usurpation – not law. View this post on Instagram A post shared by Tenth Amendment Center...
At Larry Solum’s Legal Theory Lexicon: Formalism and Instrumentalism. From the description of formalism: The core idea of formalism is that the law (constitutions, statutes, regulations, rules of procedure, and precedent) provide rules and that these rules can,...
Recently published: Advanced Introduction to Legal Reasoning, by Larry Alexander (University of San Diego Law School) and Emily Sherwin (Cornell Law School) (Edward Elgar Publishing 2021). Here is the book description from the publisher: This insightful and highly...