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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Restoring Judicial Impeachment
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
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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