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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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  • The Convention of States in American History

    The Convention of States in American History0

    • June 1, 2017

    In this short essay, constitutional historian Rob Natelson thumbnails the three-centuries long history of “conventions of the states.” When delegations from the states assemble in Phoenix, Arizona later this year, they will be basking in a long and rich American tradition. As far back as 1677, British colonies in North America sent “commissioners” (delegates) 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 before 1808.) The conservative said “Yes,” and supported his position with some extremely liberal

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