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Thoughts from Maharrey Head #54: What Is Necessary and Proper?

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“10 Minutes Closer to Freedom” I this episode of Thoughts from Maharrey Head, I talk about the Constitution’s necessary and proper clause. Hint: it doesn’t mean anything and everything. Politicians and legal academics often call the necessary and proper clause the “elastic clause” because it supposedly expands the powers of the federal government. In fact, […]

Words You Should Never Utter – “Federal Bathroom Policy”

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“Federal bathroom policy…” Words no American should ever utter. Ever. And yet here we are. Last week, the Obama administration issued bathroom directives to all public schools in the United States. Today, I eagerly await White House direction on how to wipe my butt. I challenge anybody to reconcile presidential bathroom directives with Madison’s words […]

Libertarian Centralizers Endanger Liberty with Governopoly

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The libertarian centralizers are at it again, federalizing an issue that should remain a local concern. This time, it revolves around hair washing. Yes, some liberty-minded folks among us want to federalize shampooing hair. The Tennessee state cosmetology board maintains ridiculous occupational licensing rules for people who want to earn a living washing hair in […]

Constitution 101: A General Government for Limited Purposes


If you delve into the ratification of the Constitution, you will often see the federal government referred to as the “general government.” This terminology tells us a great deal about how the founding generation understood the role of the government it created, and its relationship to the states and the people. Samuel Johnson’s 1755 Dictionary […]

America: Untethered from Its Constitutional Moorings

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Americans have untethered their government from its moorings. The colonists fought a war to tie government down. Under British rule, government had become more and more arbitrary. Parliament and the King could issue edicts and pass laws detached from any absolute guiding principles. Americans called it tyranny. In the British system, the constitution evolved. Government […]

Refusal to Cooperate: The Moderate Middle Road Between Revolution and Unlimited Submission


Ammon Bundy and the other ranchers arrested after taking over the Malheur National Wildlife Refuge outside Burns, Oregon,tried to go toe-to-toe with the federal government using raw force and power. They failed. The feds killed one man, and the rest of the ranchers now sit in jail, facing charges under a law passed during the […]

Thoughts from Maharrey Head #31: Embracing Tyranny

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“10 Minutes Closer to Freedom” In this episode of Thoughts from Maharrey Head, I explain how America has embraced the very tyranny the founding generation fought to reject. America’s founding generation fought a long, bloody war to free itself from British tyranny. Virtually every American knows this, but very few actually understand what it was […]

Thoughts from Maharrey Head #30: Gridlock Isn’t Necessarily a Bad Thing

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“10 Minutes Closer to Freedom” In this episode of Thoughts from Maharrey Head, I talk about the importance of conflict in government. Gridlock isn’t always a bad thing! People often complain about “gridlock” in government. But gridlock isn’t necessarily a bad thing. In the minds of America’s founders, government was meant to be adversarial and […]

The Supreme Court: Living Under the Despotism of an Oligarchy

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Thomas Jefferson observed, “To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed…Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps.” Yet many Americans still trust the […]