Getting the Supremacy Clause Wrong
A recent article in the New York Times covered the growth of state-level resistance to a future national health care plan. For example, in 2010, voters in Arizona will have a chance to approve a state...
View ArticleThe Constitutional Case For Gridlock
These days, it is common to hear people criticize government on the basis that it “can’t get anything done.” Partisan gridlock is often raised as a culprit, and it is almost universally condemned by...
View ArticleShould we interpret the Constitution so the feds can oversee everything...
The Constitution lists powers it grants to the federal government, reserving the rest in the states and the people. Over the last few decades, some federal powers—particularly those embodied in the...
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The Virginia Plan and the General Welfare Clause
The inadequacy of the Articles of Confederation as a governing charter induced the delegates at the federal convention to look for other models. The perils of extreme decentralization, coupled with the...
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