All Posts Tagged With: "constitution"

The Preamble They Should’ve Written

If the Founding Fathers had wanted to block the drift toward big government, they should have written a preamble to the Constitution that extolled the virtue of the private sector.

27Apr2011 | James L. Payne | 54 comments | Continued

Not All Choices Are Equal

Opponents of the freedom philosophy never run out of insipid rebuttals. The latest to have a go at it is Martin Wolf of the Financial Times. Wolf ponders the question, “What is the role of the state,” and notes that a “strand” of classical liberalism (or libertarianism) “believes the answer is to define the role [...]

24Nov2010 | Sheldon Richman | 10 comments | Continued

Is Freedom a Radical Idea?

The good old days are not behind us but rather lie ahead.

29Oct2010 | Sheldon Richman | 22 comments | Continued

The Good State and the Bad State, Progressivism, Part III

Almost everyone in authority claims to revere the Constitution. However, few people in government believe they should be subject to the limitations that define the document.

14Jul2010 | William L. Anderson | 8 comments | Continued

Guns, Privileges, and Immunities

Randy Barnett in the Wall Street Journal (subscription site) notes that while four of the Supreme Court’s five-justice majority upheld the right to keep and bear arms against the states on Fourteenth Amendment due-process grounds, Justice Clarence Thomas’s “concurring opinion rested solely on the Privileges or Immunities Clause. While agreeing ‘with the Court that the [...]

29Jun2010 | Sheldon Richman | 0 comments | Continued

Antifederalists Vindicated

If the Antifederalists were still on the scene today, they might be saying — as they would have been saying right along — “Told you so.”

21May2010 | Sheldon Richman | 15 comments | Continued

April Fool’s: Census Day

Did you mail your census form in? You can be fined up to $5,000 for not doing so and for refusing to cooperate when you are visited by a deputy of the U.S. government, who will come to your home to get the answers out of you if you happen to lose your form. Fined? [...]

1Apr2010 | Sheldon Richman | 4 comments | Continued

Hamilton’s Curse: How Jefferson’s Archenemy Betrayed the American Revolution–and What It Means for Americans Today

The more historical research I read and the more I contrast what economists write with what non-economists write, the more I am convinced that the bulk of history and biography should be redone. Thomas DiLorenzo, an economics professor at Loyola College in Maryland, explains why: “Most historians are not educated in the field of economics, [...]

24Feb2010 | Art Carden | 3 comments | Continued

The Census: Vehicle for Social Engineering

The census in a welfare state creates a dynamic in which the exercise of one person’s rights ostensibly damages the interests others.

23Feb2010 | Wendy McElroy | 9 comments | Continued

Scott Horton, Lysander Spooner, and Me

Scott Horton interviewed me on Antiwar Radio the other day. The subject: Lysander Spooner and his relevance to our times. Here it is.

21Jan2010 | Sheldon Richman | 0 comments | Continued

Health Care Deal Constitutionality Challenged

“The top prosecutors in seven states are probing the constitutionality of a political deal that cut a funding break for Nebraska in order to pass a federal health care reform bill, South Carolina’s attorney general said Tuesday. Attorney General Henry McMaster said he and his counterparts in Alabama, Colorado, Michigan, North Dakota, Texas and Washington [...]

23Dec2009 | Mike Van Winkle | 1 comment | Continued

The Power to Tax is the Power

The authority for forcing us to buy health insurance is said to be the Commerce Clause and the taxing power. TGIF looks at these claims.Read TGIF here.

27Nov2009 | Sheldon Richman | 0 comments | Continued

The Power to Tax Is the Power

It would be nice if we could count on the court, at the very least, to forbid Congress from achieving a goal by means that violate freedom if means are available that do not. But let’s hold our breath.

27Nov2009 | Sheldon Richman | 7 comments | Continued

The Unitary Executive: Presidential Power from Washington to Bush

Steven G. Calabresi and Christopher S. Yoo count as founding fathers of the much-debated unitary executive theory (UET), which they named in 1992. In this large book they argue that every American president has subscribed to the theory, and that along with constitutional text and structure, this continuous presidential practice makes the law. Briefly, UET [...]

18Nov2009 | Joseph R. Stromberg | 0 comments | Continued

The Great Writ Then and Now

The Great Writ Then and Now by Wendy McElroy Wendy McElroy (wendy@wendymcelroy.com) is an author, the editor of ifeminists.com, and a research fellow for the Independent Institute in Oakland, California. Habeas corpus is a rarely invoked legal writ, or document, widely considered to be the cornerstone of individual liberty. Also known as The Great Writ, [...]

23Oct2009 | Wendy McElroy | 1 comment | Continued

The Founders, the Constitution, and the Historians

How could Charles Beard have erred so badly in arguing that the Constitution was written mainly to serve the signers’ economic interests? In part Beard missed the mark because he was trying to hit something else—a Progressive agenda for reform, the excuse to transfer wealth from the haves to the have-nots. If the Founders were merely protecting their economic interests, Beard and his progressive friends were justified in supporting the redistribution of wealth.

11Jun2009 | Burton W. Folsom Jr. | 17 comments | Continued

The Rule of Lore

“This is a nation of laws not of men (and women).” With the nomination of Judge Sonia Sotomayor to the Supreme Court, we will be hearing that a lot in the coming weeks. The nomination of a Supreme Court justice occasions much public debate over exactly what judges are supposed to do—and not do. Thus [...]

29May2009 | Sheldon Richman | 3 comments | Continued
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