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Mutually Assured Liberty: Generational Reciprocity and the Constitution
Michael P. DeGrandis
In my July 9, 2021 blog post, I examined the nexus between the Declaration of Independence, which pronounced the liberty-to-all principle that chartered the American nation, and the Constitution, which is the vehicle through which the Framers chose to achieve the liberty-to-all charter’s ideal. I argued that adherence to the Constitution’s structure, such as…
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Kruckenberg: Accused Means Guilty in College Kangaroo Courts
In the News
It is a scary time to be on college campuses and not just because of COVID-19. In the last decade the U.S. Department of Education has prioritized the micromanagement of campus disciplinary procedures for students and faculty accused of sexual harassment. Despite having no business telling schools how to properly deal with alleged misconduct, the…
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Back to the Future: Justice Jackson’s Prescient Dissent in Chenery II
Peggy Little
I give up. Now I realize fully what Mark Twain meant when he said, “The more you explain it, the more I don’t understand it.” Justice Robert H. Jackson, dissenting in Chenery Corp. v. SEC, 332 U.S. 194, 214 (1947) Justice Robert H. Jackson has long been recognized as one of the best writers…
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FDRLST Media, LLC v. NLRB
In the News
The Third Circuit Court of Appeals will shortly hear argument on a case involving a light-hearted joke and the heavy hand of the administrative state. The case presents the court with the opportunity to restore actual aggrievement to the labor law’s explicit statutory requirement for bringing down the force of the administrative state upon Americans. It also…
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Let’s Not Celebrate Constitution Day
Adi Dynar
I was not born an American citizen. I chose to be one. I grew up elsewhere. Few Americans realize how intrigued the rest of the world is with America’s Independence Day and Constitution Day. Few understand the significance of the two documents the two days celebrate—if they’ve read them at all. Fewer still grasp…
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Purchasing Submission
In the News
Our government rules us in many ways. Theoretically, by law. As a practical matter, by administrative edicts. But that’s not all. It also controls us by purchasing our submission. The problem crosses party boundaries. All recent administrations have governed by purchase when they could not get what they wanted by law or administrative fiat. Just…
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