"Necessary and proper" ranks among the most abused clauses in the Constitution. It has been dubbed the "elastic clause" because of the perception that it allows the scope of federal power to expand. The federal government began abusing this clause within years of ratification. In 1800, James Madison countered these early abuses, forcefully arguing that..
Read moreConstitution 101: The Preamble
For many Americans, knowledge of the Constitution begins and ends with the preamble. A lot of you probably even memorized it at some point in school. I suppose you could laud the educational system for at least acknowledging the existence of America's governing document. But unfortunately, all of the focus on the preamble has done..
Read moreSubverting the Constitution: Madison on General Welfare and Common Defense
The words "provide for the common defense and general welfare" rank among the most abused phrases in the Constitution. I often refer to this as the "anything and everything clause." Partisans on both the political left and right use "general welfare and common defense" to justify all kinds of federal actions, from wars to social..
Read moreThoughts from Maharrey Head #82: The Constitution Is Dead
"10 Minutes Closer to Freedom" In this episode of Thoughts from Maharrey Head, I talk about the death of the U.S. Constitution and its irrelevance in today's politics. Two hundred years ago today (March 3, 2017), James Madison's vetoed an infrastructure bill. The president refused to sign the legislation because it was unconstitutional. The federal..
Read moreThe Evolution of Sovereignty in American Political Thought: States’ Rights
This is part 2 of a 2-part series examining the evolution of American political thought as it relates to sovereignty in the political system. You can read part 1 HERE. In the years leading up to the Revolutionary War, and continuing through the post-war era, Americans conceived and developed a revolutionary political idea. They came..
Read moreThoughts from Maharrey Head #62: States’ Rights
"10 Minutes Closer to Freedom" We hear the term states' rights thrown around a lot, but most people don't really know what it means. In this episode of Thoughts from Maharrey Head, I talk about the concept of states' rights and its importance in the American constitutional system. What do we mean when we use..
Read moreMore Madison; Less Tea Party Fundraising
The other day, I got a fundraising email from the Tea Party Patriots imploring me to pony up and help them "defend the Supreme Court." Our constitutional rights are in jeopardy if a conservative isn't nominated and approved to fill former Justice Antonin Scalia's shoes on the Supreme Court." If? Really? They make it sound..
Read moreThoughts from Maharrey Head #58: The Anti-Commandeering Doctrine
"10 Minutes Closer to Freedom" In this episode of Thoughts from Maharrey Head, I explain a legal principle known as the anti-commandeering doctrine that puts a Supreme Court stamp of approval on James Madison's blueprint to stop federal overreach through state non-cooperation. Last week, I talked about James Madison's blueprint to stop federal overreach, involving..
Read moreThoughts from Maharrey Head #57: Madison’s Blueprint to Stop the Feds
"10 Minutes Closer to Freedom" In this episode of Thoughts from Maharrey Head, I explain James Madison's Blueprint for stopping overreaching federal power. What do we do when the federal government exceeds its authority? This was a question people asked even before the Constitution was ratified. It was a hotly debated topic. If the federal..
Read moreHillary’s “One Nation” B.S. – America Is Not One Nation and Never Was
Politicians at the federal level always try to sell the United States as a singular nation. Hillary Clinton peddled this myth during her speech at the Democratic National Convention. When representatives from 13 unruly colonies met just down the road from here, some wanted to stick with the king. Some wanted to stick it to..
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