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How the Supreme Court Rewrote the Constitution Part V: Killing Economic Freedom

By: Rob Natelson The first, second, third, and fourth installments in this series described how the Constitution established a relatively small federal government with limited powers and how President Franklin D. Roosevelt’s New Deal challenged that ...

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Three Supreme Court Cases that Twisted the Commerce Clause

By: Funky Euphemism Despite the words that make up the commerce clause and necessary and proper clause remaining constant over the past two centuries, the Supreme Court’s interpretation of their ...

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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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