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Constitution Check: Are there no limits on the power of Congress?
In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or...
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Constitution Check: Can states control the federal government?
In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or...
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Constitution Check: Is Social Security unconstitutional?
In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or...
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No Framer Left Behind: Why Washington’s experiment in education reform would...
Recently, the Senate’s education committee approved a bipartisan rewrite of the No Child Left Behind Act of 2002, which for the past 10 years has been subject to immense criticism and served as a...
View ArticleHealth care hearings – what to listen for (Part 1 of 2)
Update: The Supreme Court holds three days of hearings next week on the constitutionality of major parts of the new federal health care law, the Patient Protection and Affordable Care Act. Last night...
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Health care hearings – what to listen for (Part 2)
The Supreme Court holds three days of hearings next week on the constitutionality of major parts of the new federal health care law, the Patient Protection and Affordable Care Act. Two days ago, the...
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Constitution Check: Could Congress take over the creation of business...
In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or...
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Constitution Check: Has the president endorsed a constitutional right to...
Did President Obama, in his ABC interview, endorse a Constitutional right to same-sex marriage? Constitutional expert Lyle Denniston looks at four ways the president could endorse the legal right of...
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Two tales of the Constitution, marijuana and guns
A constitutional issue stretching back 200 years has popped up in two stories about gun control and marijuana within the past week, with two different twists on the concept of nullification. Source:...
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Constitution Check: Can Congress override state and local gun control laws?
Lyle Denniston looks at the challenges of passing a federal law that would guarantee the right of someone to carry a concealed gun as they travel between states. The statements at issue: “My amendment...
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Which came first: The chicken, the egg or the 10th Amendment?
A current brawl in Washington features a fight over who can sell eggs in California and whether Congress is exceeding its 10th Amendment powers in a way that could scramble consumer prices. The price...
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Detroit bankruptcy case puts federalism on center stage
Detroit’s bankruptcy case has the potential to be the latest in a series of high-profile power conflicts between the federal government and states with constitutional roots. In case you missed it,...
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Seven Supreme Court cases to watch this week
The nation’s highest court will be hearing seven cases this week, and two have received a lot of attention. Here’s a quick guide to the cases in front of the nine Supreme Court Justices in the next...
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Constitutional law as soap opera: Bond v. United States
Tom Donnelly from the Constitutional Accountability Center says conservatives want the Roberts Court to turn a domestic dispute decision from an interesting-but-far-from-historic statutory case into a...
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What do cheater’s revenge and plastic guns have in common?
Nick Dranias from the Goldwater Institute looks at the broader implications of the Bond v. the United States case, and if a potential Supreme Court decision could very well prove to be the “break-out”...
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Judge picks Supremacy Clause in Detroit’s bankruptcy battle
Federal bankruptcy Judge Steven Rhodes said on Tuesday that Detroit can possibly cut pensions for city workers as part of its bankruptcy proceedings, despite a Michigan constitutional provision that...
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10th Amendment: Rights Reserved to States or People
As part of the National Constitution Center’s 27 Amendments (In 27 Days) project, each day we will look at a constitutional amendment. Through partnerships with leading scholars and universities,...
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Judge picks Supremacy Clause in Detroit’s bankruptcy battle
Federal bankruptcy Judge Steven Rhodes said on Tuesday that Detroit can possibly cut pensions for city workers as part of its bankruptcy proceedings, despite a Michigan constitutional provision that...
View Article10th Amendment: Rights Reserved to States or People
Full Text of the Ninth Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people....
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The Fourth Amendment: Cars, Phones, and Keys?
Jim Harper from the Cato Institute, in this commentary, argues that police may rightly seize possession of your phone or car, but they may not put those items to whatever use they please. Here’s a...
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