The Destructive Legacy of McCulloch v. Maryland
by Nelson Lund McCulloch v. Maryland (1819) is probably the Supreme Court’s single most influential case. Its importance arises largely from its doctrine of implied congressional powers, which has been ...
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How Thomas and Gorsuch Preserve the Generative Power of Originalism
by John O. McGinnis The most important practical question for originalism today is the relation of original meaning to precedent. The Supreme Court has decided thousands of cases about the ...
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Missouri Bill Takes on Federal Gun Control: Past, Present and Future
By: Mike Maharrey JEFFERSON CITY. Mo. (Feb. 28, 2019) – A bill introduced in the Missouri House would set the foundation to create a “gun rights sanctuary state” by banning ...
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The Bladensburg Cross and the Wall That Couldn’t Stand
By: Jackson Pemberton There is a reason that the “wall of separation between church and state” cannot take down the Bladensburg Peace Cross memorial. Yet, even SCOTUS seems unaware of ...
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Has The Constitution Failed?
By KrisAnne Hall, JD There is an argument that seems to resurface repeatedly that the Constitution has failed and as a result, American politics are out of control. I have ...
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The Age of Tyrannical Surveillance
By: John Whitehead “We know where you are. We know where you’ve been. We can more or less know what you’re thinking about… Your digital identity will live forever… because there’s ...
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The Supreme Court Will Not Save Us
by Corbin Barthold In the Declaration of Independence, the Founding Fathers complained that George III had “erected a multitude of New Offices, and sent hither swarms of Officers to harass our ...
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Today in History: Founding Father Robert Livingston Died
By: Dave Benner Today in history, on Feb. 26, 1813, Robert Livingston died. Known as “The Chancellor” for his position at the top of New York’s equity court, he became ...
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Emergencies Do Not Trump the Constitution
by Ron Paul After Congress rejected President Trump’s request for 5.7 billion dollars for the border wall, the president declared a national emergency at the southern border. Present Trump claims ...
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Abandoning Gold and the Constitution?
by Mark Pulliam Constitutional law scholars tend to focus on decisions involving abortion, same-sex marriage, desegregation, and administrative law, ignoring one of the 20th century’s most contentious legal battles: creditors’ ...
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