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The Relationship Between the Declaration of Independence and the Constitution

Rob Natelson This article originally appeared on the Independence Institute website. I’m sometimes asked about the relationship between the Declaration of Independence and the Constitution. Their connection is not difficult ...

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Originalism Protects the Timelessness of the Constitution

by John O. McGinnis I was grateful to appear with Michael Greve on the panel in which he delivered remarks on originalism that were posted in this space earlier this week. ...

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Still Searching for the Judicial “Holy Grail”

by Mark Pulliam When I studied Constitutional Law some 40 years ago, the Slaughter-House Cases (1873) warranted scarcely a footnote. The scholarly consensus—including Raoul Berger’s Government by Judiciary (1977)—was that ...

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The meaning of “militia” in the Second Amendment

By: Rob Natelson This is the second article examining contributions to our understanding of the Constitution from the three brand new volumes of the Documentary History of the Ratification of the ...

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Testimony on the Tenth and Nullification Before the Ohio House Committee on Federalism

By: Mike Maharrey On March 6, I testified before the Ohio House Committee on Federalism on the Tenth Amendment and how states can push back against overreaching federal authority. During ...

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Donald Trump signs executive order promoting free speech on college campus

Here are the Constitutional uses of Executive Orders: To enforce Constitutional laws passed by congressTo NOT enforce unconstitutional laws passed by congressGeneral Housekeeping in the Executive BranchExecutive orders are to ...

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Giving Federalism the Middle Finger

By: Suzanne Sherman The impulse to turn everything into a federal case – even something a personal as an obscene finger gesture – flips the middle finger at the political ...

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Trashing the 12th Amendment with the National Popular Vote

By Publius Huldah The compact for a National Popular Vote (NPV) is a destructive scheme. Yet it’s been approved by several States; and is pending in others. Since the text ...

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The Incorporation Doctrine and the Bill of Rights

by Michael Maharrey In my last Constitution 101 post, I established that the Bill of Rights was not originally intended to apply to the states. But lawyers and other supporters ...

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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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