Recently, I completed a draft of an article on affirmative action and the original meaning of the 14th Amendment. I thought I would put up a couple of posts on the article. For the syllabus or to download the …
This edition of Liberty Law Talk is a conversation with Vincent Cannato, author of American Passage: The History of Ellis Island, about America’s constitutional and policy history regarding immigration.
The death of Ronald Dworkin on February 14, 2013 provides an occasion to reflect not only on his contributions to legal philosophy, but to the entire enterprise of jurisprudential theory from the point of view of progressive thinkers.
By the …
Your Anti-Federalists or My Antifederalists?
Let’s presume that we turn to the American Founding to seek advice in our contemporary conversation with the Neo Progressives and the Admnistrative State. I suggest that we are better served by considering the advice …
We were not aware at the time that they were twilight years, that time just before Roe v. Wade was decided, when statutes on abortion were sustained in the courts and only occasionally struck down. That is in part why …
Why, in a country with a written Constitution and a founding document (the Declaration of Independence) that is grounded on natural right, should we pay attention to the common law? Wrongly understood, as it usually is today, common law is …
The Constitution provides Congress with the power to tax (and presumably to spend), for specified purposes; to borrow money on the credit of the United States; and to dispose of the property of the United States. Question (especially to my …
As the Democratic convention rhetoric solidifies into cigarette ash and economic performance figures assail us, one line from President Obama’s speech should continue to intrigue and horrify us. Dealing with what he describes as decades-old challenges “will require common effort, …
How did the following clause of the Constitution–Article I, Section 8, clause 1— come into being? “The Congress shall have the power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the …
James Burnham was a literary modernist who after an experience with Trotskyite Marxism gained renown for The Managerial Revolution (1941), a study of executive centralization. Alert to the threat of totalitarian rule, Burnham joined intellectual forces with defenders of liberty …
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