The modern idea that the Constitution, without further amendment, is an infinitely elastic document that allows government to grow to meet public demands of whatever kind must be challenged. Americans must come to appreciate that the Founding Fathers, who were keenly aware of the expansive tendencies of government, wrote the Constitution precisely to check that kind of thinking and that possibility. The Founders meant government to be our servant, not our master, and they meant it to serve us in a very limited way—by securing our rights, as the Declaration of Independence says, and by doing those few other things that government does best, as spelled out in the Constitution.

More on Constitutional Studies

Commentary

Electoral College Was Framers’ Antidote to Popular Vote

By Robert A. Levy. DC Examiner. May 13, 2013.

Is Obama Continuing Bush-Cheney Torture?

By Nat Hentoff. Cato.org. May 8, 2013.

Coming: Judgement Day for U.S. Torture Policies

By Nat Hentoff. Cato.org. May 1, 2013.

Cato Studies

Articles

Like Eastwood Talking to a Chair: The Good, the Bad, and the Ugly of the Obamacare Ruling

Ilya Shapiro. Texas Review of Law & Politics. Vol. 17. No. 1. 2013.

Not Necessarily Proper: Comstock’s Errors and Limitations

Ilya Shapiro and Trevor Burrus. Syracuse Law Review. Vol. 61. No. 3. 2011.

Keeping Pandora’s Box Sealed: Privileges or Immunities, The Constitution in 2020, and Properly Extending the Right to Keep and Bear Arms to the States

Ilya Shapiro. The Georgetown Journal of Law & Public Policy. Vol. 8. No. 1. Winter 2010.

Public Filings

United States v. Kebodeaux

By Trevor Burrus, Ilya Somin and Ilya Shapiro. Legal Briefs. April 4, 2013.

Agency for International Development v. Alliance for Open Society International

By Ilya Shapiro. Legal Briefs. April 3, 2013.

Arkansas Game & Fish Commission v. United States

By Ilya Shapiro and Trevor Burrus. Legal Briefs. April 1, 2013.

Reviews & Journals

Campaign Finance after Citizens United

Policy Report. March/April 2013.

On the Constitution of a Compound Republic

William A. Niskanen. Cato's Letters. Spring 2001.

Events

Can a Treaty Increase the Power of Congress?

Featuring Nicholas Quinn Rosenkranz and Roger Pilon. June 14, 2013. Policy Forum.

Constitutional Money: A Review of the Supreme Court’s Monetary Decisions

Featuring Steve H. Hanke, James A. Dorn, Richard H. Timberlake Jr. & George Selgin. April 24, 2013. Book Forum.

After the Arguments: What’s Next for Marriage Equality?

Featuring Ilya Shapiro and Walter Olson. April 12, 2013. Capitol Hill Briefing.