original understanding Archives - Independence Institute

With due respect to the Supreme Court, some campaign finance laws are unconstitutional 0
- July 17, 2017
But Citizens United included a second decision, one rarely mentioned. In this part of the case, the court upheld federal laws requiring contributors to political ads to publicly reveal their names. Unlike the first ruling, the second was a constitutional mistake. Although the court has since reaffirmed its position, it should promptly reconsider.
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Supreme Court’s Ruling Against the PC Police 0
- June 23, 2017
The Supreme Court’s decision this week in Matal v. Tam sent a clear warning to government officials who seek to curtail speech they deem offensive: We won’t let you do it! The warning was particularly pointed for the PC Police at state universities who try to close down viewpoints they find “offensive.” A federal law ordered the
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The Define and Punish Clause doesn’t authorize vast federal power either 0
- 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 0
- 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 0
- 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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The Relationship Between the Declaration of Independence and the Constitution 0
- March 21, 2017
I’m sometimes asked about the relationship between the Declaration of Independence and the Constitution. Their connection is not difficult to understand. The Declaration is a statement based on natural law. Natural law consists of fundamental principles of justice and right. Monotheists see natural law as deriving from the Creator. Polytheists see it as deriving from
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