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  • The Define and Punish Clause doesn’t authorize vast federal power either

    The Define and Punish Clause doesn’t authorize vast federal power either0

    • June 14, 2017

    Legal commentators have spread a good deal of ink trying to show that the Constitution authorizes the enormous expansion of the federal government since the 1930s. Leading the way have been some associated—as professors, students, or alumni—with the most privileged educational institutions: Harvard, Yale, Chicago, and so forth. Their publications inflated the Commerce Clause to

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  • Where Congress’s Power to Regulate Immigration Comes From

    Where Congress’s Power to Regulate Immigration Comes From0

    • May 24, 2017

    Introduction. Earlier this year, a law journal published an exchange between two respected law professors—a conservative and a libertarian—about whether the Constitution authorizes Congress to regulate immigration. (The Constitution does not mention immigration except to say that Congress cannot not ban certain immigration before 1808.) The conservative said “Yes,” and supported his position with some

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