In Print and Kindle Creating the Declaration Of Independence

An Agency Theory of The Constitution as a Power of Attorney

“[W]e must never forget that it is a constitution we are expounding.” Chief Justice John Marshall, McCulloch v. Maryland (1819) Reviewing the 200 years of “expounding” the Constitution has undergone can be quite confounding.  There have been hundreds of Supreme Court opinions. Legal scholars, lawyers, and judges engage in continuing debate over the proper method […]