First, let me express my apolpgy for taking so long to review this article. I have been busy with other matters and with my own rewrites.
This issue goes all they way back to the founding of the country under the current constitution, as you mentioned in the Marberry versus Madison decision. I also remember the fellow convicted of a crime, due to his phamplets falling from his window in New York, though I can't site the case.
I think this a fine scholarly article, worthy of publication in any legal journal, if that is where you intend to publish your work. My question is, could you make this simpler for public consumption? I have a distinct reason for this, he is called Donald Trump.
Simply stated, he is tapping into the massive anger at government interference into the private lives of the citizens. There are lots of people which feel this same anger, just approaching the solution from different directions. My facebook page is almost totally devoted to the different views people are adopting. I have every view from those opposed to government intrusion into any area, near to the anarchy scale, those who advocate violent revolution, all the way to people advocating a constitutional convention of States. I do my very best not to take sides on most topics, although I often lean towards a Con Con.
I have taken enough of your time with my review, I would be happy to discuss any of these issues in an email format.
I would also ask you to take a few moments to read at least one chapter of the novel I am writing, Then the Darkness Fell 2048502.