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The Incorporation Doctrine and the Bill of Rights

By: Mike Maharrey In a previous Constitution 101 post, I established that the Bill of Rights was not originally intended to apply to the states. But lawyers and other supporters of ...

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A Time to Disobey

by Kurt T. Lash - Law & Liberty There are two ways to think about the current shut-down and its effect on religious liberty. One way views the matter through ...

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Three Reminders from The Bill of Rights

May 18, 2020 Bill of Rights 0

By: Jacob Hornberger As a condition for accepting the Constitution, the American people demanded the enactment of the Bill of Rights immediately after ratification of the Constitution. They had been ...

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How do we protect our rights?

by James D. Best We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among ...

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Originalism and Article III Judicial Power

by Mike Rappaport One of the most difficult challenges for originalism is to determine to what extent the Constitution limits the adjudication of matters by entities other than Article III ...

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Julian Assange: Political Prisoner

by Ron Paul Last week’s arrest of Wikileaks publisher Julian Assange by the British government on a US extradition order is an attack on all of us. It is an ...

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Sheriff: You’ll Have To Arrest Me Before I Enforce This Unconstitutional Gun Control Law

Beth Baumann A Sheriff in Colorado told CNN he would rather go to jail than to enforce the state's proposed Extreme Risk Protection Orders (ERPOs), commonly referred to as "red ...

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Supreme Court Lets Trump’s Bump Stock Ban Stand

By: TJ Martinell WASHINGTON (March 31, 2019) – In the film Princess Bride, Wesley tells the revenge-bent Indigo Montoya to “get used to disappointment.” This is also good advice for ...

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The Fundamental Rights of American Citizenship: Neither “Natural” nor Constitutionally “Enumerated”

by David Upham What are the “privileges and immunities of citizens of the United States”? In the last week, this blog has featured two originalist answers to this question. According ...

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