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Ordered Liberty and the Demands of Law

by Adam J. MacLeod Ordered liberty flourishes where people govern themselves according to reason. Self-governing people make—design, craft, and promulgate—law to govern their own and others’ choices and actions. The ...

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Today in History: Enforcement of the Boston Port Act Begins

By: Dave Benner Today in 1774, Britain began enforcement of the Boston Port Act, passed in response to the destruction of the tea a few months earlier. One of the ...

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The Fundamental Rights of American Citizenship: Neither “Natural” nor Constitutionally “Enumerated”

by David Upham What are the “privileges and immunities of citizens of the United States”? In the last week, this blog has featured two originalist answers to this question. According ...

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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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The Founders’ Understanding of “Invasion”

March 18, 2019 Founders / Government / History 0

By: Dave Benner Even by the middle of the 18th century, the English language lacked a widely-used set of standard definitions to English words. While English dictionaries existed, those that ...

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Kentucky Governor Signs “Constitutional Carry” Bill into Law

By: Mike Maharrey FRANKFORT, Ky. (March 12, 2019) – Kentucky Gov. Matt Bevin has signed a bill into law making it legal for state residents to carry firearms concealed without a ...

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James Madison Vetoes Infrastructure Bill as Unconstitutional

By: Dave Benner On the last day of his administration, March 3, 1817, President James Madison vetoed the Bonus Bill of 1817 – a plan that called for the federal ...

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The Relevance of the Preamble to Constitutional Interpretation

March 11, 2019 Constitution / Government / History 0

By: Michael Rappaport The preamble to the United States Constitution is something that is widely employed within political and theoretical arguments but is virtually never relied upon in court cases ...

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The “General Welfare” Clause

by JOHN W. BUGLER We Americans find ourselves faced with the disquieting specter of a national debt measured in trillions of dollars: a sum truly inconceivable. Many economists and politicians ...

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Gouverneur Morris’s Rewriting of the Constitution

March 7, 2019 Constitution / Founders / History 0

by Mike Rappaport Recently, the Center for the Study of Constitutional Originalism held its annual Works-in-Progress Conference. One of the papers was written by Dean William Treanor of Georgetown Law ...

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