Major Problems in Montana's CI-128 (the Abortion Initiative)
- Constitution
- September 26, 2024

Misunderstanding the Constitution’s term “direct tax” led the Supreme Court to erroneously uphold Obamacare. Next, it might lead to a new federal wealth tax.
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The Constitution’s crucial distinction between “direct” and “indirect” taxes was well-understood by the Founders, but due to lack of scholarly guidance the Supreme Court often has gotten the distinction wrong.
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Was Marshall really a model for liberal activist justices? Learn the truth in this audio series.
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Marshall was not part of the “living constitution” project. He sought to interpret the Constitution according to “the intention of its makers.”
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There has been a effort in the law schools—and at times in the Supreme Court—to appropriate Marshall as a model for liberal activism.
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Modern accounts of the XYZ affair are bad enough, but they do not begin to capture the insulting nature of the repeated French demands.
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