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February 14, 2019|Establishment Clause, Everson v. Board of Education, First Amendment, Fourteenth Amendment, Maryland-National Capital Park and Planning Commission v. American Humanist Association, Permoli doctrine, Slaughter-House Cases

The Court Should Tear Down Everson, Not the Maryland Cross

by David Upham|6 Comments

Maryland Memorial Cross (First Liberty Institute)
Does this Maryland cross violate our Constitution?  That very question is currently before the Supreme Court.

December 3, 2018|Abraham Lincoln, Alan Levine, Civil War Amendments, Fourteenth Amendment, James R. Stoner Jr., John Bingham, John Holmes, Reconstruction, Thomas Jefferson, Thomas W. Merrill

Was It a Refounding?

by Sean A. Scott|7 Comments

A new essay collection examines the political thought of the Civil War and Reconstruction.

November 30, 2018|asset forfeiture, Barron v. Baltimore, Federalist 45, Fourteenth Amendment, Gitlow v. New York, Incorporation, Timbs v. Indiana

Asset Forfeiture, Incorporation, and the Fourteenth Amendment

by Thomas Ascik|17 Comments

The U.S. Supreme Court at dusk (Greg Blakeley/Shutterstock.com).
Nothing surpasses the intellectual intoxication and will to power of a federal constitutional lawsuit—democracy be damned.

November 13, 2018|Birthright citizenship, Fourteenth Amendment, Jurisdiction, Michael Rappaport, Richard Epstein, U.S. v. Wong Kim Ark

Jurisdiction, Old Style and New

by Richard Samuelson|5 Comments

Image: Leena Robinson/Shutterstock.com
If we take the Fourteenth Amendment to mean what Michael Rappaport and others argue, some strange consequences follow for resident aliens.

August 23, 2018|Dorma, dormant Commerce Clause, Footnote 4, Fourteenth Amendment, McCullogh, South Carolina State Highway Department v. Barnwell Brothers, United States v. Carolene Products Co

About Those Strange Citations at the End of Footnote 4

by James R. Rogers|Leave a Comment

U.S. Supreme Court (Orhan Cam/Shutterstock.com).
Footnote 4 of Carolene Products and the "counter-majoritarian difficulty."

August 6, 2018|Fourteenth Amendment, Impeachment, Supreme Court, Tom Clark

Congress Has Never Given the Supreme Court a Free Ride

by James R. Rogers|3 Comments

U.S. Supreme Court. Orhan Cam/Shutterstock
The Supreme Court is independent, yes, but Congress has several options for exercising control over the justices.

July 25, 2018|Fourteenth Amendment, Jacobson v. Massachusetts, Lochner v. New York, Oliver Wendell Holmes

A Commentary on Holmes’s Lochner Dissent: Part II

by Mike Rappaport|47 Comments

Adobe Stock Images
Justice Oliver Wendell Holmes's dissent in Lochner draws the wrong implications out of pluralism.

July 11, 2018|Detroit, Fourteenth Amendment, Judge Stephen J. Murphy, literacy, rights talk

Literacy Is a Good, Not a Right

by Greg Weiner|26 Comments

Close-up view of broken pencil sharpener in an abandoned Detroit Public School (Zackry Stetler/Shutterstock.com).
A class action case against the Detroit Public Schools on its way to the Sixth Circuit shows the perils of rights talk: if literacy is a right, what isn't?

May 8, 2018|Burger Court, Clint Bolick, Fourteenth Amendment, judicial activism, Judicial Restraint, Lino Graglia, Originalism, Raoul Berger, Robert Bork, Warren Court

Originalism’s Legal Turn as a Libertarian Turn

by Jesse Merriam|19 Comments

Originalist thought has not just been on a steady legal trajectory over the last 20 years.  There is also an important and overlooked political story to tell.

February 27, 2018|dormant Commerce Clause, Fourteenth Amendment

The Most Important Constitutional Doctrine You’ve (Probably) Never Heard of

by James R. Rogers|3 Comments

The dormant commerce clause doctrine has allowed the judiciary, by itself, to create and sustain a nation-wide free trade zone in the U.S.
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Book Reviews

Andrew Roberts Takes the Measure of the “Populist” Aristocrat, Churchill

by Joao Carlos Espada

Yes, there is something new to be learned about Winston Churchill, and it's in the new 1,105-page biography by Andrew Roberts.

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Honor, Sacred and Profane

by Lynn Uzzell

Craig Bruce Smith shows that honor was a vitally important concept for the development of the American nation.

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Liberty Classics

Bringing Natural Law to the Nations

by Samuel Gregg

If sovereign states ordered their domestic affairs in accordance with principles of natural law, the international sphere would benefit greatly.

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Belloc’s Humane Defense of Personhood and Property

by James Matthew Wilson

Perhaps the memory of that metaphysical right to property informs our fears, and could lead to a restoration of human flourishing.

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Podcasts

Born-Again Paganism: A Conversation with Steven Smith

A discussion with Steven D. Smith

Steven Smith talks with Richard Reinsch about his provocative thesis that a modern form of paganism is becoming public orthodoxy.

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"Slouching Towards Mar-a-Lago:" A Conversation with Andrew Bacevich

A discussion with Andrew J. Bacevich

Andrew Bacevich discusses his new book Twilight of the American Century

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Bureaucracy, Regulation, and the Unmanly Contempt for the Constitution

A discussion with John Marini

John Marini unmasks the century-long effort to undermine the Constitution's distribution of power.

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Beautiful Losers in American Politics: A Conversation with Nicole Mellow

A discussion with Nicole Mellow

Nicole Mellow on the beautiful losers in American politics who have redefined the country.

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About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

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