The continual clashes with Britain had indeed created two incompatible constitutional doctrines – the colonial Whig interpretation on one hand, and the Tory interpretation on the other.
It is clear officers can be impeached and removed for major crimes, but what is a “high . . . Misdemeanor?”
The American Founders, as a rule, believed in decentralization, free enterprise, and competition. How did it happen, therefore, that they created a U.S. postal system that was centralized, socialized, and operated as a monopoly? My new article, published by the peer-reviewed British Journal of American Legal Studies, explores this question. The Article is entitled Founding-Era Socialism: The…
On May 29, 1790, Rhode Island ratified the Constitution of the United States, becoming the last of the original founding colonies to enter the Union. Rhode Island was the only state that failed to send a representative to the Philadelphia Convention, which had approved the final draft on Sept. 17, 1787. The state acted slowly…
The Constitution is a legal document with a fixed meaning. It was not intended to change with the shifting sands of public or judicial opinions.
In 2016, during a period of about a year when it seemed possible — even likely — that Shelli would win her battle with cancer, she and I plotted out an article for the GiN website that would explain to our readers what had been going on in our lives to cause our extended hiatus […]
Under the Constitution, the president does not have the authority to launch offensive military actions. Not for 90 days. Not for 60 days. Not for one minute. And the War Powers Resolution of 1973 does not change that. In this episode of Thoughts from Maharrey Head, I talk about presidential war powers and explain why the…
It seems the kids who wanted the federal government to violate my basic rights are unhappy because a government entity is violating their basic rights. A Marjory Stoneman Douglas High School student tweeted out a photo of herself holding a clear backpack issued by the school in the wake of the tragic shooting last month.…
Last week, I warned you about trusting lawyers to explain the Constitution. On this week’s episode of Thoughts from Maharrey Head, I make an exception to that general advice. I’m also explain what a baseball rule can teach us about constitutional interpretation. You can subscribe to Thoughts from Maharrey Head for free on iTunes. Just click HERE. SHOW…
Centralization of power in Washington D.C. is the biggest threat to our liberty. On the other hand constitutional decentralization is way out. I appeared as a guest on the Gold Standard with Alan Mosley. We talked generally about the principles of nullification and more specifically how we put the idea into practical effect at the…