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“Necessary” Is Not a Constitutional Argument

May 27, 2020 Constitution / Tench Coxe 0

By: Mike Maharrey I hear a lot of bad constitutional arguments justifying this or that federal action. One common justification for expanding federal power is: “This thing is necessary! It ...

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Early Americans Would Have Rejected the U.S. Government of Today

By: Jacob Hornberger Even though most Americans are obviously unhappy with the federal government, many of them don’t question the structure of the government itself. Their ire is directed toward ...

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The Incorporation Doctrine and the Bill of Rights

By: Mike Maharrey In a previous Constitution 101 post, I established that the Bill of Rights was not originally intended to apply to the states. But lawyers and other supporters of ...

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Law Professor Gets F In Constitutional Calculus

May 25, 2020 10th Amendment 0

By: Mike Maharrey If you’re going to make a constitutional argument for some federal action, it will prove more compelling if you actually make a constitutional argument. That means pointing ...

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Cops Using Pandemic as Excuse to Ramp Up Drone Surveillance

May 19, 2020 Drones 0

By: jprivate All across the country, law enforcement is using the pandemic as an excuse to use Chinese-made drones to monitor the public. This breaks every promise law enforcement has ...

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Three Reminders from The Bill of Rights

May 18, 2020 Bill of Rights 0

By: Jacob Hornberger As a condition for accepting the Constitution, the American people demanded the enactment of the Bill of Rights immediately after ratification of the Constitution. They had been ...

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The COVID-19 War on Liberty Has Been Brewing for Years

May 18, 2020 Healthcare 0

By: Davis Taylor The war being waged against our rights under the pretext of controlling infectious disease is not new and didn’t arise with COVID-19. Vaccine freedom advocates have been ...

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Surveillance Is the Tool of Tyrants

May 14, 2020 Uncategorized 0

By: Mike Maharrey If you’re like me, you’ve probably heard this one a lot over the years: “If you have nothing to hide, you have nothing to fear.” I hear ...

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Task Force Floats Health Surveillance System

May 14, 2020 Surveillance 0

By: jprivate When is enough, enough? How many national surveillance systems does America need? President Trump’s son-in-law Jared Kushner has created a task force that wants to create a real-time ...

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Coronavirus is Just the Latest Excuse to Expand the Surveillance State

May 14, 2020 4th Amendment 0

By: Mike Maharrey Federal, state and local agencies have teamed up to operate a warrantless cellphone tracking program to monitor compliance with COVID-19 social distancing requirements. According to a report ...

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