Evaluate the Constitutionality of Any Federal Act in Two Easy Steps
It’s often pretty easy to know whether or not a federal action is constitutional. In his Report of 1800, James Madison gave us a simple 2-step process to determine constitutionality. First: “Whenever, therefore a question arises concerning the constitutionality of a...
A “Come to Tenther” Moment is Needed, and Soon
Polarization has been ramping up to crazy levels in recent years. But it’s actually a symptom of a much larger problem, consolidation. The founders warned us what would happen with too much centralized power – corruption, factions – and tyranny. The only...
James Madison on the Necessary and Proper Clause
Supporters of the monster state want you to believe that Necessary and Proper means “anything and everything.” But James Madison rejected this kind of view throughout his career, reinforcing the view that “Whatever meaning this clause may have, none can be admitted,...