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  • Get Members of Congress Out of the Business of Rigging Campaign Rules0

    • May 4, 2014

    The Supreme Court’s latest campaign finance decision, McCutcheon v. FEC, has sent up the predictable howls. In McCutcheon, the Court struck down, as violating the First Amendment, certain incumbent-protection rules that Members of Congress had rigged for their own election campaigns. But no one—including the Court—has yet convincingly addressed a question even more fundamental than

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  • Rebutting the Claim that an “Anti-Corruption” Principle Should Re-Write the First Amendment0

    • October 27, 2013

    Law professors are overwhelmingly left-of-center, and they spend an undue amount of time trying to justify nearly unlimited federal power. Sometimes they torture constitutional history to do so. For example, several have long asserted that the Constitution’s grant of power to Congress to regulate “Commerce” was designed to grant  authority to regulate the entire economy—or

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  • Federal “Campaign Finance” Laws are Mostly Unconstitutional0

    • October 14, 2012

    In a recent posting, I wrote: [I]t is dubious whether the Constitution even gives Congress power to regulate the source and amount of campaign contributions and expenditures. The background and meaning of the Constitution’s “Time, Places and Manner Clause”—which Congress uses to justify such laws—strongly suggests not. The Time, Places and Manner Clause is Article

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