Constitution

Uniting Constitutional Protection for Economic and Social Liberties, Part 1: Substantive Due Process and Unenumerated Rights

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We libertarians like to distinguish ourselves from our friends on the Right and Left by the fact that we care equally about both economic liberties and social/civil liberties. For libertarians the right to engage in contract and exchange with other consenting adults is just as important as the right to engage in speech and sex with other consenting adults. ... [click for more]

From Articles of Confederation to Constitution (video)

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On September 17, 2013, FFF vice president and editor Sheldon Richman spoke at an event co-hosted by the University of Oklahoma Young Americans for Liberty and the Oklahoma University Students for a Stateless Society. Sheldon's talk was entitled "From Articles of Confederation to Constitution: Retreat for Liberty?" [click for more]

TGIF: James Madison: Father of the Implied-Powers Doctrine

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James Madison famously wrote in Federalist 45: “The powers delegated by the proposed Constitution to the federal government, are few and defined.” Strict constructionists are fond of this quote, and often cite it in defense of their view that the Constitution established a government of strictly limited powers. But did it? One way to approach ... [click for more]

Time to Can the Constitution?

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Near the end of 2012, while Congress and the president were hashing out a deal to avert the “fiscal cliff,” Georgetown University constitutional law professor Louis Michael Seidman had this to say in a New York Times op-ed: As the nation teeters at the edge of fiscal chaos, observers are reaching the conclusion that the American system of ... [click for more]

The War on Terrorism, the Constitution, & Civil Liberties: UC Boulder

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From October 15-19, 2012 The Future of Freedom Foundation and the Young Americans for Liberty co-sponsored a College Civil Liberties Tour that brought a panel of three lawyers – a libertarian, a liberal, and a conservative – to five campuses on the West Coast. The three panelists, inluding Jacob G. Hornberger, Glenn Greenwald, Bruce Fein, and along with moderator ... [click for more]

Supreme Court’s Word Game Saves Obamacare

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The Supreme Court decision upholding the health-insurance mandate in the Patient Protection and Affordable Care Act (Obamacare) has an Alice-in-Wonderland feel to it. As Lewis Carroll wrote in Through the Looking Glass, “When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean — neither more nor less.” Chief Justice ... [click for more]

The Constitution versus the Executive-Branch Departments

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The U.S. federal government contains a myriad of agencies, bureaus, corporations, commissions, administrations, authorities, and boards organized under 15 cabinet-level, executive-branch departments headed by a secretary (or, in the case of the Justice Department, an attorney general). Although Republicans created the latest, most bloated, and most hated department (Homeland Security), they sometimes talk about eliminating or consolidating various other ... [click for more]

Supremacy of the Tenth

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There’s been a small debate going on in the Pennsylvania legislature, one that should be larger, louder, and receiving much more publicity. It’s a debate between proponents of the Tenth Amendment and advocates of the Supremacy Clause of the Constitution. At issue is a proposed amendment to resolution H.R. 49. The resolution claims that the state has sovereignty under the ... [click for more]
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