"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 moreConstitution 101: The Supremacy Clause and the Bill of Rights
Many Americans believe the Bill of Rights apply to state and local governments. Most who hold this position rely on the 14th Amendment and the "incorporation doctrine" to support their position. But some proponents of using federal power to restrict state and local actions through the Bill of Rights use tortured legal reasoning to argue..
Read moreConstitution 101: The Preamble
For many Americans, knowledge of the Constitution begins and ends with the preamble. A lot of you probably even memorized it at some point in school. I suppose you could laud the educational system for at least acknowledging the existence of America's governing document. But unfortunately, all of the focus on the preamble has done..
Read moreThoughts from Maharrey Head #94: The Preamble to the Constitution
"10 Minutes Closer to Freedom" 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..
Read moreSubverting the Constitution: Madison on General Welfare and Common Defense
The words "provide for the common defense and general welfare" rank among the most abused phrases in the Constitution. I often refer to this as the "anything and everything clause." Partisans on both the political left and right use "general welfare and common defense" to justify all kinds of federal actions, from wars to social..
Read moreThoughts from Maharrey Head #91: Anything and Everything for Common Defense?
"10 Minutes Closer to Freedom" In this episode of Thoughts from Maharrey Head, I talk about the "provide for for the common defense" clause in the Constitution. Progressives have long used "general welfare" as an "anything and everything" clause to justify all kinds of unconstitutional overreach, from federal meddling in education to national healthcare. The..
Read moreConstitution 101: To Provide for the Common Defense
The left uses the general welfare clause as its "the federal government can do anything and everything clause." Meanwhile, the right has turned the phrase "provide for the common defense" into a similar justification for federal overreach. Progressives invoke the general welfare clause to justify all kinds of unconstitutional federal actions, from national healthcare to..
Read moreBill Nye the Constitutional B.S. Guy
Debate continues to rage about whether Bill Nye is really a "science guy," or if he's just an entertainer pushing a political agenda, but one thing is certain: Bill Nye is not the Constitution guy. (more…)
Read moreThoughts from Maharrey Head #87: Ask Mike Anything Third Edition
"10 Minutes Closer to Freedom" This episode of Thoughts from Maharrey Head features another edition of "ask Mike anything." This week, I let listeners determine the show topics. I solicited questions on my Facebook page and answered a number of them in this episode. Subjects run the gamut from the federal government's constitutional power over..
Read more133 Words or Less: Huckabee Another Fake Constitutional Conservative
Mike Huckabee doesn't want to cut funding to the National Endowment for the Arts. The former Arkansas governor wrote a Washington Post op-ed defending the federal program. Huckabee makes a wonderful utilitarian case for federal arts funding, but what about the fact the Constitution doesn't authorize it? Huckabee often positions himself as a constitutionalist -..
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