original understanding Archives - Independence Institute

City destroys home without paying: Will the Supreme Court take the case?0
- March 26, 2020
The Takings Clause in the Fifth Amendment to the U.S. Constitution . . . reads in part, “nor shall private property be taken for public use, without just compensation.”
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Underselling Originalism 0
- March 16, 2020
Originalism is not a modern invention “[T]he ‘intent of the makers’ had been the lodestar of documentary construction since at least the 1500s.”
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Global warming and the Constitution’s amendment process: How to tell whether a ‘consensus’ Is true 0
- March 11, 2020
How academics formed a completely erroneous “consensus” about the convention procedure of Article V.
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Two new briefs in the Supreme Court’s Electoral College case 0
- March 6, 2020
[The integrity of presidential electors] has taken on great urgency as “progressive” state legislatures increasingly meddle with free elections.
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New article: 18th century law shows impeachment requires a crime 0
- March 6, 2020
Examples of high misdemeanors . . . were bribery, assault, and attempted murder.
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How much power may Congress delegate to federal agencies?0
- January 28, 2020
[T]he search for a single “non-delegation” principle applicable to all congressional powers is a futile one. Instead, the scope of permissible delegation of any particular congressional power must be sought in the meaning of the words describing that power.
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