James Madison’s Constitution Two-Step
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James Madison’s Constitution Two-Step

How do you determine if something is constitutional? James Madison gave us a 2-step process. Writing in his famous Report of 1800, James Madison argued that the Alien and Sedition Acts clearly violated the Constitution. Why, because they failed a basic two-question test First, Madison said “whenever a question arises concerning the constitutionality of a […]

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Treating the Constitution Like Silly Putty
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Treating the Constitution Like Silly Putty

A lot of people treat the constitution like silly putty. If you’ve ever played with silly putty, you know you can stick it on newsprint and it will pick up a mirror image of the page. A lot of people think they can do the same thing with the constitution. They stick on to whatever […]

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Samuel Adams: “The Constitution is Fixed”
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Samuel Adams: “The Constitution is Fixed”

In all free states, the Constitution is fixed. A lot of people believe that the Constitution means what the supreme court tells us it means, until it changes its mind, of course. This is really the basis of what’s known as “living constitutionalism.” That is, the political climate determines what the constitution means, and that […]

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