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“Law and Order” Conservatives Reject the Rule of Law in Favor of Federal Death Penalty

By: Suzanne Sherman U.S. Attorney General Robert Barr recently ordered the reinstatement of the federal death penalty, ending a 16-year pause in executions at the federal level. The Department of ...

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On the Omission of the Term “Expressly” from the Tenth Amendment

By: Kurt T. Lash In his recent review of Lawrence Lessig’s new book, “Fidelity and Constraint,” Georgetown law professor John Mikhail takes issue with Lessig’s account of the New Deal. Mikhail rejects ...

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Today in History: John Adams Signs the Sedition Act

By: Dave Benner Today in 1798, Jeffersonian Republicans celebrated Bastille Day as a partisan holiday. On the same day, President John Adams took this opportunity to sign the Sedition Act ...

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The Commerce Clause and the Constitution: Not a Power to Do Whatever They Want

By: Michael Boldin The federal government claims that Article I, Section 8, Clause 3 of the Constitution gives it the power to regulate and control everything from healthcare, to what ...

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