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A Pox on Both Your Houses, Part II: Anti-Originalist Historians

May 17, 2018 Constitution / History 0

In my last post, I described how the anti-historical bent of some originalists was undermining their credibility, qua originalists. In this post, I hope to show how the anti-originalist historians, ...

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The Proof is in the Pudding: State and Local Action Drives Change in D.C.

May 15, 2018 Constitution / Government 0

I frequently say “Washington D.C. will never fix America’s problems. Washington D.C. is America’s problem!” People often take that to mean I don’t think we can fix America’s problems. That’s ...

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New Info on the Constitution’s Ratification. Part I: South Carolina

May 15, 2018 Constitution / History 0

Judges and lawyers sometimes refer to the “intent of the framers” or the “original meaning” when describing how we should read the U.S. Constitution. However, if you want to apply ...

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Today in History: The Philadelphia Convention Convenes

May 15, 2018 Constitution / History 0

On May 14, 1787, delegates from the several states convened in Philadelphia, forming a convention with the initial aim of proposing amendments to the Articles of Confederation. Over the course ...

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War and the Separation of Powers

May 1, 2018 Uncategorized 0

A popular way to begin the first day of class in constitutional law in many American law schools is to ask the students what sets the U.S. Constitution apart from ...

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Governors Should Veto National Guard Deployments More Often

April 30, 2018 History 0

by Ryan McMaken, Mises Institute Donald Trump and California Governor Jerry Brown have failed to come to an agreement over how California National Guard troops should be used at the US-Mexico border. Gov. ...

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The Origins of “Militia” in the Second Amendment

April 30, 2018 Constitution / History 0

by Ryan McMaken, Mises Institute While apparently waiting for a taxi, or to be seated for lunch, Larry King was accosted by TMZ in a discussion which eventually led to King declaring that the ...

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Pick One: Constitutional Principles or Your Policy Preferences

April 30, 2018 Constitution 0

In 1788, James Madison offered a blueprint for stopping “unwarrantable measures” enacted by the federal government. In Federalist #46, the “Father of the Constitution” advised a refusal to cooperate with ...

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The Constitution Doesn’t Create Rights

March 31, 2018 Constitution 0

I heard an interesting conversation on a radio show the other day. The host was talking about NSA spying, and the discussion turned to recent revelations that the agency listened ...

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The Rise of the Culture of Originalism

March 31, 2018 Constitution 0

Constitutional theorists succeed practically only when they change the legal culture. Jack Balkin has remarked that some legal arguments that were once off the wall can become “on the wall,” ...

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