original understanding Archives - Independence Institute

The Supreme Court just applied originalism to an Indian treaty, so why not to the Constitution?0
- April 29, 2019
This case illustrates how judges apply originalism for almost all legal documents — except the Constitution.
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New evidence on the meaning of the Necessary and Proper Clause 0
- April 21, 2019
“. . . .the powers of this Congress are confined to what is expressly delegated to them”
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New evidence on the constitutionality of paper money 0
- April 17, 2019
I examined how the Constitution was represented to, and understood by, the ratifying public. And that resolved any doubt.
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The founder who told Americans we have a right to military weapons 0
- April 15, 2019
“THE POWERS OF THE SWORD ARE IN THE HANDS OF THE YEOMANRY OF AMERICA FROM SIXTEEN TO SIXTY … Who are the militia? are they not ourselves[?].”
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New evidence on the “Power To . . . regulate . . . Commerce”0
- April 9, 2019
The three recently-issued Pennsylvania volumes . . . offer virtually no support to the commerce-is-everything school of thought. On the contrary, in the documents reproduced in this volumes “commerce” clearly refers to a concept separate from other economic and non-economic activities.
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New evidence on the nature of amendments conventions 0
- April 8, 2019
Some opponents . . . try to communicate that Madison opposed all amendments conventions. This is certainly not true,
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