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Mark Pulliam and the Old Originalism

by Mike Rappaport Mark Pulliam, who is a frequent contributor to our site, has written a new essay at American Greatness, entitled “The Pernicious Notion of ‘Unenumerated Rights,’” that attacks ...

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National Emergency? Which One?

By: Mike Maharrey So, is there a national emergency or no? The president says yes. Congress says no. Here’s the dirty little secret – no matter how things turn out ...

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Is a Presidential “State of Emergency” Constitutional?

By: KrisAnne Hall My inbox is being inundated with the question de jure: “If President Trump declares a ‘State of Emergency’ to build the wall on the border of Mexico, ...

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An Armed Citizenry Is A Free Citizenry, Which Is Why Liberals Want You Disarmed

Kurt Schlichter Kentucky recently became the 16th state to amend its laws to get rid of onerous restrictions on healthy, law-abiding adults bearing arms, conforming its concealed weapons statutes to ...

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Beveridge Loved It; Roane Hated It; Few Today Understand McCulloch Properly

by Kevin Walsh Chief Justice John Marshall’s opinion for the Court in McCulloch v. Marylandis a classic of American constitutional law. That is why we continue debates about its meaning and significance ...

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Congress Checks the President, But Only Kinda:

By: Michael Boldin In two votes this week, on the war in Yemen and on Emergency Powers – Congress appears to be checking the power of the executive branch. But ...

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Decentralization and the Common Good: A Conversation with Andy Smarick

by Andy Smarick Andy Smarick joins us to discuss how Friedrich Hayek’s scholarship on the evolved nature of liberty and the principle of subsidiarity can undergird political decentralization and produce ...

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Competing Conceptions of Union and Ordered Liberty in The Webster-Hayne Debate

by Aaron N. Coleman Herman Belz’s The Webster-Hayne Debate on the Nature of the Union is the first document collection included in Liberty Fund’s series of Liberty Classics. This is ...

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McCulloch: A “Rule of Construction” Too “Broad and Pliant”

by Kevin Gutzman On October 22, 1819, Chief Judge Spencer Roane of the Virginia Court of Appeals (now the Virginia Supreme Court) dashed off a quick cover letter to former ...

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Leftists Say Judge’s Christian Beliefs Disqualify Him From Office

by Todd Starnes "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of ...

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