James Madison’s Constitution Two-Step
Writing in his famous Report of 1800, James Madison argued that the Alien and Sedition Acts clearly violated the Constitution. Why? Because they failed a basic two-question test.
Writing in his famous Report of 1800, James Madison argued that the Alien and Sedition Acts clearly violated the Constitution. Why? Because they failed a basic two-question test.
At the Virginia ratifying convention, Edmund Randolph said that reading the general welfare clause as a broad grant of power would “violate every rule of construction and common sense.”
In this podcast, learn the original meaning of the words themselves, the meaning of "general welfare" in the preamble, and the original meaning and understanding of the clause.
Gov. Paul LePage is doing it wrong. Instead of protecting the people of Maine from overreaching and unconstitutional federal overreach, he’s begging the feds to trample on his state’s sovereignty. You see, the Republican governor doesn’t like marijuana. And he doesn’t like the fact that the people of his state voted to legalize weed. He wants…
Under the Constitution, a war is a war whether they call it a war, or not.
On July 18, I spoke at the Libertarian Party of Kentucky District 3 meeting in Louisville, Ky. and explained why I believe the Constitution is so important. In a word – decentralization. WATCH I stated with a quick overview of the ratification of the Constitution and explained that it undeniably established a very decentralized system…
Arn--and Lincoln--ignored the fact that Jefferson declared the "Free and Independent States" to be the foundation of the American system.
The supposition that constitutionalists believe that the federal Constitution magically limits/inhibits government simply through words on parchment is nothing but a caricature and straw-man. Almost no one believes this, or argues in such a way. All contracts, written constitutions or not, are only as good as the enforcement of their stipulations and the continuance of…
In this episode of Thoughts from Maharrey Head, I talk about the preamble to the U.S. Constitution – what it tells us and what it doesn’t. If you’re an American, you’re probably familiar with the preamble to the Constitution. In fact, you may well have memorized it at some point in your school years. But…
In the New York Times, Greg Weiner (Assumption College Political Science/Liberty Law Blog): Impeachment’s Political Heart. From the core of the argument: Our tendency to read the impeachment power in an overly legalistic way, which is ratified by 230 years of excessive timidity about its use, obscures the political rather than juridical nature of the…