Most people recognize that the Constitution evolved out of the Articles of Confederation. But the Articles were also part of a long evolution in political thought and constitutionalism that started long before the colonies’ quest for independence. An important touchstone in that evolution was a draft for a confederation proposed by Benjamin Franklin nearly a..
Read moreHamilton vs. Jefferson on the Constitutionality of a National Bank
The First Bank of the United States was charted for a period of 20 years by Congress on Feb. 25, 1791. Alexander Hamilton championed the bank, but it wasn’t without its detractors. One of the most vocal opponents of the bank was Thomas Jefferson who argued that it was unconstitutional. (more…)
Read moreBook Review: Constitution Owner’s Manual
Dave Benner wrote a wonderful review of my book Constitution Owner's Manual that stands on its own as an educational piece. Dave is a fine historian and has written a couple of books including The 14th Amendment and the Incorporation Doctrine and Compact of the Republic: The League of States and the Constitution. I really..
Read moreJames Madison and the Necessary and Proper Clause
"Necessary and proper" ranks among the most abused clauses in the Constitution. It has been dubbed the "elastic clause" because of the perception that it allows the scope of federal power to expand. The federal government began abusing this clause within years of ratification. In 1800, James Madison countered these early abuses, forcefully arguing that..
Read moreThoughts from Maharrey Head #85: 9 Reasons Cosmo Should Stick to Orgasms
"10 Minutes Closer to Freedom" In this episode of Thoughts from Maharrey Head, I talk about Cosmopolitan's B.S. article about the Constitution. A recent Cosmo article titled 9 Reasons Constitutional Originalism Is Bullsh*t demonstrates why the magazine should just stick to talking about sexual positions and better orgasms. The confirmation hearings for Neil Gorsuch have reinvigorated the..
Read moreYes. Non-Citizens Have Rights
Over the last week, I've heard several people say things like, "Non-citizens don't have any rights in America." Or a variation on the theme "Illegals don't have rights in this country." I find this mentality troubling on two levels. In the first place, it implies government gives people their rights. You only get 'em if..
Read moreTurning the Bill of Rights into a Billy Club
America celebrated Bill of Rights Day earlier this week. But perhaps we should have declared it a day of mourning. After all, federal supremacists have turned the Bill of Rights into just another government centralizing document. On Dec. 15, 1791, Virginia became the 11th state to ratify the first 10 amendments to the Constitution, crossing..
Read moreThoughts from Maharrey Head #72: A Federal Government Beyond Its Authority
"10 Minutes Closer to Freedom" The federal government does not have the authority to do almost all of the things it does today. In this episode of Thoughts from Maharrey Head, I talk about it. If you read what people actually wrote during the process of ratifying the Constitution, you will come away with an..
Read moreYo Feds, You Can’t Do That! — Tench Coxe on Federal Power
The federal government has no constitutional authority to do the vast majority of the things it does today. Of course, this truth runs counter to conventional wisdom and everything you learned in your high school government class. Suggest the feds shouldn't formulate policies on marriage, healthcare, education or infrastructure, and you'll get blank stares at..
Read moreHillary’s “One Nation” B.S. – America Is Not One Nation and Never Was
Politicians at the federal level always try to sell the United States as a singular nation. Hillary Clinton peddled this myth during her speech at the Democratic National Convention. When representatives from 13 unruly colonies met just down the road from here, some wanted to stick with the king. Some wanted to stick it to..
Read more