Tag: U.S. Constitution

The Ideas That Formed the Constitution, Part 14: Machiavelli

Commentary   A span of over a thousand years separates our last writer, the Roman historian Tacitus (who died about 120 C.E.), from Niccolò Machiavelli. You might wonder: Was there no one during that time period worth covering? And, why Machiavelli? Wasn’t he an exponent of the ruthless politics the American Founders rejected? The answer…


The Ideas that Formed the Constitution, Part 13: Tacitus

Commentary The authors discussed in this series impacted the Constitution both directly and indirectly. Citations to the authors by participants in the constitutional debates of 1787–1790 are evidence of direct influence. Indirect influence occurred in at least two ways. First, over the course of centuries the insights of men such as Aristotle, Cicero, and Polybius…


The Administrative Procedures Act Is Underutilized

Commentary President Joe Biden signed 77 executive orders in 2021 and 27 this year. He has also signed out 77 total presidential memoranda and dozens of presidential determinations and administrative orders to date. Executive orders are official presidential directives that generally have the force of law. They are intended to direct actions within federal agencies…


The Ideas That Formed the Constitution, Part 10: Virgil Alone

Commentary The previous (ninth) essay in this series identified three Roman poets quoted by participants in the constitutional debates of 1787–1790—Ovid, Horace, and Virgil. The essay explained why Virgil was the most influential: “If the American Founding had a poet laureate,” I wrote, “he would be it.” This installment outlines Virgil’s influence on the constitution-makers…


New Study Finds Administrative State Unconstitutional

Commentary The constitutional basis for most federal regulations is the Constitution’s Interstate Commerce Clause. A new historical study shows, however, that the Interstate Commerce Clause is nowhere near as broad as federal officials claim it is. In other words, much of the federal “administrative state” is unconstitutional. The Background It established law that the federal…


Ideas That Formed the Constitution, Part 8: Cicero (Continued)

Commentary The previous installment in this series outlined the life and career of the Roman statesman Marcus Tullius Cicero. It described how John Adams relied on Cicero’s work in the preface to the first volume of his survey of republican constitutions. Although Adams was in Europe when the Constitutional Convention met, his volume circulated among…


Repeal the 17th Amendment Now

Commentary Look at the county-by-county voting map of the country by party. What you observe is an ocean of red and little blue space here and there in the major cities in major population centers. This pattern has changed very little for decades. Everyone knows this and yet there is very little understanding as to…


A Republic If You Can Teach It

Commentary President Biden has a civics lesson that he is fond of and regularly repeats. It is about how the United States is unique in the world because of the founding ideals enshrined in the Declaration of Independence. “Unlike every other nation on Earth, we were founded based on an idea,” he notes before adding…


Ideas that Formed the Constitution, Part 7: Cicero

Commentary The first, second, third, fourth, fifth, and sixth essays in this series addressed the influence on the Constitution of four leading Greek thinkers. There is one more Greek on our list, the biographer Plutarch. He lived much later, however, so to retain chronological order, we now turn to our first Roman. Marcus Tullius Cicero…


The Ideas That Shaped the Constitution: Part 6: Polybius

Commentary Previous installments in this series have covered four Greek scholars whose thought helped shape the American Constitution. (For links to previous installments, see the following: first, second, third, fourth, fifth.) This installment covers a later Greek scholar: Polybius. After the death of Alexander the Great in 323 B.C.E., the conqueror’s generals carved out large…