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  • U.S. Constitution

    I’m Just a Bill, Yes, I’m Only a Bill: The Constitutional Way to Make Laws

    Under the Progressive notion of a “living” Constitution, almost every aspect of the Constitution has been subject to reinterpretation.  One section that would seem to defy a new interpretation, however, is Article I, Section 7, Clause 2 – or the “Presentment Clause” – which clearly outlines the process by which … More

    Morning Bell: Another Victory on the Road to Repeal

    “It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with … More

    Hands Off My Purse! Why Money Bills Originate in the House

    The House of Representatives is not merely a larger Senate. The Constitution divided the legislative branch into two Houses, with different constituencies, term lengths, sizes, and functions for each house. For example, only the Senate offers advice and consent on treaties and appointments of judges and executive officials. And as … More

    The Appropriate Use of the Appropriations Clause

    This section is commonly referred to as the Appropriations Clause stipulates that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time,” … More

    Not So Sweeping After All: The Limits of the Necessary and Proper Clause

    The Necessary and Proper Clause makes things happen. To many on the left, the Necessary and Proper Clause joins the General Welfare Clause, and the Commerce Clause to form a trivium of validation for any and every expansion of government power imaginable. But, as David Engdahl explains in his Constitutional … More

    The Uses and Abuses of the Commerce Clause

    There seems to be a fairly significant downside to a “living” Constitution: you can’t keep it from growing uncontrollably!  In the latest Constitutional Guidance for Lawmakers essay, David Forte outlines the staggering expansion in the reach of the Commerce Clause under the Progressives, from “The trafficking and trading of economic … More

    Morning Bell: Frederick Douglass’s Irrepressible Faith in America

    As we celebrate Martin Luther King Day, it is fitting to reflect upon the tortured experience of blacks in this country. Looking back upon four centuries of African-American history two things are undeniably clear: for the greatest part of America’s history, blacks were grossly mistreated and the country has come … More

    Enough is Enough: Why General Welfare Limits Spending

    When it comes to finding a constitutional authority to validate congressional action, the General Welfare clause is like a box without bottom: there is no project too local or too narrow not to fall under the rubric of “general welfare.” The scope of the General Welfare clause was hotly debated … More

    Half of All States Now Suing to Stop Obamacare

    If it is allowed to be implemented, Obamacare will eventually do deep and irreparable harm to our nation’s budget deficit. But while Obamacare is more of a long-term threat to fiscal health at the federal level, it is a  clear and present danger to the states. Of the 34 million … More

    The Coming Constitutional Debate

    The Constitution has returned to Congress. It began with a ceremonial reading of the document on the House floor for the first time in US history. While the event had some problems, the act of reading the document that provides the authority for Congress in the first place sets the … More