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The Importance of Structure v. Parchment Barriers [No. 86]

We cannot underestimate the importance of structure to preserving liberty. As Justice Scalia was fond of saying, “Any tinpot dictator can have a Bill of Rights.” The Bill of Rights for the Soviet Union was extraordinarily capacious, the Bill of Rights for the North Korean regime is extraordinarily capacious. But without structural protections, Bill of […]

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Roe v. Wade: The Power of a Law Review

There were plenty of articles leading up to Roe versus Wade proposing ways to make abortion a constitutional right. There was a law professor named Roy Lucas at the University of Alabama Law School. He published an article in the, uh, North Carolina Law Review that advocated and sought judicial intervention with respect to the […]

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Can Congress Sub-Delegate Legislative Powers? [No. 86]
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Can Congress Sub-Delegate Legislative Powers? [No. 86]

The Constitution of the United States divides up powers of government among different institutions. It vests all legislative powers herein granted in Congress; it vests the executive power in the President and through the President and subordinates within administrative agencies. And it vests the judicial power of the United States in Federal Courts. Question is, […]

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What About Brown v. Board of Education? [No. 86]

So, Brown v. Board of Education is often held up as the great modern example of a decision that is both, has to be right but also contradicts originalist premises, and that is certainly the way the opinion reads, the court expressly declines to quote, “set the clock back,” to the time of the adoption […]

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