The NSA Continues to Abuse Americans with a 300% Increase in Data Intercepted and Stored
One of the few positive things in the ill-named USA FREEDOM Act, enacted in 2015 after the Snowden revelations on NSA domestic spying, is that it required the Director of ...
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Supreme Court’s Sports Gambling Opinion is a Rare and Major Win for the Tenth Amendment
Earlier today, the Supreme Court issued its decision in Murphy v. NCAA. The Court’s opinion was rare in that it not only struck down a federal law that infringed on ...
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A Pox on Both Your Houses, Part II: Anti-Originalist Historians
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.
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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Today in History: The Philadelphia Convention Convenes
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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The Origins of “Militia” in the Second Amendment
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
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
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
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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