Most people recognize that the Constitution evolved out of the Articles of Confederation. But the Articles were also part of a long evolution in political thought and constitutionalism that started long before the colonies’ quest for independence. An important touchstone in that evolution was a draft for a confederation proposed by Benjamin Franklin nearly a..
Read moreDid the Constitution Fail the People? Or Did the People Fail the Constitution?
Did the Constitution fail? A lot of people think it did. This popular quote by Lysander Spooner sums up the thoughts of many. (more…)
Read moreThe Constitution Isn’t Absolute?
Arguing that “high-caliber” weapons should be federally banned, President Joe Biden claimed, “Remember, the Constitution was never absolute.” Biden was merely advancing the popular notion of a “living breathing Constitution.” According to proponents of this theory, the founders “couldn’t have imagined” all of the changes that would happen over time, such as the development of high-powered,..
Read moreThe Power of No! (Interview)
I recently appeared on Gun Freedom Radio to talk all things nullification focusing on the power of no! (more…)
Read moreFederal Wage Controls Are Unconstitutional
Talk of hiking the minimum wage at the national level has ramped up in recent weeks. With the Democrats controlling the House and the Senate, and Joe Biden in the White House, it seems increasingly likely that we’ll soon see a federal $15 per hour minimum. In other words, it may soon be illegal to..
Read moreThe Anti-Commandeering Doctrine: A Tool to Fight Federal Overreach
The anti-commandeering doctrine provides a powerful tool to undermine overreaching, unconstitutional federal power. So, what is this doctrine? What is it based upon? And how can it be used as an effective tool for liberty? (more…)
Read moreNew Evidence: The Kentucky Resolutions of 1798 Were All About Nullification
Nullification skeptics will often argue that the Kentucky Resolutions of 1798 weren’t actually proposing nullification. They base their argument on the fact that John Breckinridge removed specific references to nullification from Jefferson’s draft before he introduced it in the Kentucky House. But evidence from the debates in the House reveals that the resolutions were absolutely..
Read moreState Legislators Set to Push Back Against Endless Unconstitutional Wars
States action can take a step toward ending endless wars and reestablishing constitutional war powers. (more…)
Read moreTrump’s Unconstitutional War in Somalia
Through the first seven months in 2020, the U.S. military under Pres. Donald Trump conducted 43 airstrikes in Somalia. That compares to 42 U.S. airstrikes in that country from 2007 to 2017. In other words, in just seven months, the Trump administration bombed Somalia more than Pres. G.W. Bush and Pres. Barack Obama combined. (more…)
Read moreThe Incorporation Doctrine Broke the Constitutional System
I think centralizing power is always a net loss for liberty. So did the founding generation. This is why the framers of the Constitution emphatically rejected a proposal to give the federal government veto-power over state laws. It’s also why the first Congress rejected applying some provisions of the Bill of Rights to the states...
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