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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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Restoring Judicial Impeachment

March 27, 2018 Constitution 0

In March 1804, the House of Representatives did something for the first and, sadly, last time: It impeached a justice of the Supreme Court for abusing the office of a ...

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The Preamble to the Constitution: What It Tells Us and What It Doesn’t

March 25, 2018 Constitution 0

For many Americans, knowledge of the Constitution begins and ends with the preamble. A lot of people probably even memorized it at some point in school. I suppose you could ...

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An Empirical Liberty Framework for Debating Gun Control

March 21, 2018 Constitution 0

Those in favor of gun control repeatedly proclaim that something must be done to stop gun violence, to include repealing the Second Amendment. At the same time, those who defend ...

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The Constitutional Freedom Not to Promote Abortion

March 21, 2018 Constitution 0

May a state government legally require pro-life crisis pregnancy centers to post notices or provide information promoting free or low-cost abortion? May a state government by law require abortion clinics ...

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Constitution 101: The Judiciary and Judicial Review

March 18, 2018 Constitution 0

The federal judiciary has arguably become the most powerful branch of the general government. Opinions issued by nine politically connected lawyers have redefined marriage throughout the entire United States, authorized ...

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Constitutionalism: Why it Matters

March 7, 2018 Constitution 0

From the Center for Constitutional Studies and Citizenship The principles of the Declaration of Independence constitute the soul of the American Founding and form the moral basis of government in ...

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Originalist Perspective

March 6, 2018 Constitution 0

by David F. Forte, Professor of Law, Cleveland-Marshall College of Law Written constitutionalism implies that those who make, interpret, and enforce the law ought to be guided by the meaning ...

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15 Supreme Court Decisions that Shredded the Constitution

March 5, 2018 Constitution 0

When the Court traded law and liberty for political expediency by Sean Rosenthal, published at the Foundation for Economic Education What makes a Supreme Court decision bad? And what are ...

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