All Posts Tagged With: "u.s. constitution"

The “Stable Bulwark of Our Liberties”

The U.S. Supreme Court in June struck a blow for the separation of powers and dealt the Bush administration a big setback by ruling that suspects held without charge at Guantanamo Bay, Cuba, have the right to contest their imprisonment under the doctrine of habeas corpus. Simply put, the Court held that the government may [...]

1Sep2008 | Sheldon Richman | 5 comments | Continued

Torture and Liberty

Is torture compatible with liberty? Unfortunately, this is no longer a hypothetical question. Many Americans who claim to support individual freedom also favor permitting the government to torture suspected terrorists or other purported enemies of the United States. This controversy is reminiscent of a disagreement between the famous economists F. A. Hayek and John Maynard [...]

1Jul2008 | James Bovard | 0 comments | Continued

Book Reviews – 2008/5

The Politically Incorrect Guide to the Constitution by Kevin R. C. Gutzman Regnery • 2007 • 258 pages • $19.95 paperback Reviewed by J. H. Huebert Conservative commentators often tell us that if only we would get back to the Constitution as it was understood, say, 100 years ago, all would be well with our [...]

1May2008 | George C. Leef | 0 comments | Continued

Slick Construction Under the Articles of Confederation

Writing lately on the Fourth Amendment, Professor Thomas Y. Davies decries the “originalism” practiced by certain Supreme Court justices and sundry legal commentators. On historical-hermeneutic grounds, he faults face-value originalism for missing “the shared, implicit assumptions that informed the public meaning” on which a given constitutional provision rested. Underlying the Fourth Amendment were common-law rules [...]

1Apr2008 | Joseph R. Stromberg | 1 comment | Continued

The Constitution or Liberty

“Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.” We might think those words—or words to the same effect—are in the U.S. Constitution. But they are not. They are from Article II of the Articles [...]

1Jan2008 | Sheldon Richman | 2 comments | Continued

The Constitution Within

I’ve argued previously that a free society depends ultimately on people having a proper sense of just conduct. This means more than the words they recite or put on parchment. Most crucial is how they act and expect others, such as those in the government, to act. For this reason it is futile to put [...]

1Sep2007 | Sheldon Richman | 2 comments | Continued

Lost Articles

The Constitution says that to be elected to the U.S. Senate, a person has to be 30 or older, a citizen for at least nine years, and a resident of the state from which the candidate is elected. Alas, it says nothing about knowing American history. Good thing for Sen. Lindsey Graham (R-S.C.). He’d have [...]

1Jun2007 | Sheldon Richman | 6 comments | Continued

Two Presidents, Two Philosophies, and Two Different Outcomes

In the White House, Wilson intended to be a strong president working with a “living Constitution.” He promoted the expanding of “beneficent” government into new areas. In his second year as president he concluded that shipping rates were too high, and he blessed his secretary of treasury’s plan to regulate overseas shipping rates and the companies doing the shipping.

1Jun2007 | Burton W. Folsom Jr. | 0 comments | Continued

Democracy or Republic?

Walter Williams is the John M. Olin Distinguished Professor of Economics at George Mason University. How often do we hear the claim that our nation is a democracy? Was a democratic form of government the vision of the Founders? As it turns out, the word democracy appears nowhere in the two most fundamental founding documents [...]

1Jun2007 | Walter E. Williams | 0 comments | Continued

“Deliberative Democracy” Dementia

A specter is haunting America ‘s politicians and professors—the spect(er of illegitimacy. The political-intellectual elite fear that millions of Americans will conclude that the current democracy is a fraud—that they are being given bogus choices at the ballot box—and that the phrase “will of the people” now means as little as “the check is in [...]

1May2007 | James Bovard | 4 comments | Continued

Congressional Generosity

Every now and then we get a glimpse into what government officials really think about our rights to life, liberty, and property. The U.S. Justice Department recently provided such a glimpse in a controversial tax case, Murphy v. IRS. How revealing it is! Did you know that if the government abstains from taxing all your [...]

1Apr2007 | Sheldon Richman | 0 comments | Continued

The Sovereign Presidency: Is This What the Framers Had in Mind?

American government under the Constitution was supposedly meant to work as follows: Congress, staying within delegated powers and the Bill of Rights, passes laws; the president executes the laws; and the courts sort out ensuing wrangles. This plan ran aground rather early—the 1798 Alien and Sedition Acts, for example—which raises at least two possibilities: 1) [...]

1Jan2007 | Joseph R. Stromberg | 9 comments | Continued

Keynesian Economics and Constitutional Government

Last month 650 economists called for an increase in the federal minimum wage, saying it was the responsibility of the government to “improve the well-being of low-wage workers” by mandating the terms under which people may be employed. Among these economists were five recipients of the Nobel Prize in economics. One of them was Lawrence [...]

1Nov2006 | Richard M. Ebeling | 0 comments | Continued

Can We Tell Those Huddled Masses to Scram? Immigration and the Constitution

In 1873 some Presbyterians in Kentucky invited a young Canadian to be their pastor. Tensions in the border state were still high following the War of Southern Independence, and the congregants hoped that a neutral outsider could pacify folks not only within their own church but even across denominations. Rev. A.B. Simpson succeeded so well [...]

1Nov2006 | Becky Akers | 27 comments | Continued

Book Reviews – November 2006


  • "Times New Roman";mso-ansi-language:EN-US;mso-fareast-language:EN-US;
    mso-bidi-language:AR-SA">Nation, State, and Economy: Contributions to the
    Politics and the History of Our Time

    by

    "Times New Roman";mso-ansi-language:EN-US;mso-fareast-language:EN-US;
    mso-bidi-language:AR-SA">Ludwig von Mises
    "Times New Roman";mso-ansi-language:EN-US;mso-fareast-language:EN-US;
    mso-bidi-language:AR-SA"> Reviewed
    by Richard M. Ebeling

  • 1776

    by David McCullough

    Reviewed by George C. Leef

  • Active
    Liberty: Interpreting Our Democratic Constitution

    by Stephen Breyer

    Reviewed by Michael DeBow

  • Making
    Great Decisions in Business and Life

    by David R. Henderson and Charles
    L. Hooper Reviewed by Philip R. Murray
1Nov2006 | George C. Leef | 0 comments | Continued

Constitution Day

On September 17, 1787, 39 men signed the U.S. Constitution. Each year since 2004 we have celebrated Constitu­tion Day as a result of legislation, fathered by Senator Robert Byrd, that requires federal agencies and every school that receives federal funds, including universities, to have some kind of program on the Constitution. I cannot think of [...]

1Nov2006 | Walter E. Williams | 7 comments | Continued

Capitalism and Democracy

I recently heard a prominent American politician tell how a “chill” went up his spine when he heard someone question the importance of democracy. How could anyone doubt the value of democracy? he wondered. Fortunately, he said, he soon realized that by “democracy” his (European) interlocutor really meant “capitalism.” Whew, he thought, that’s all right, [...]

1Nov2006 | Arthur E. Foulkes | 1 comment | Continued
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