Defending the Judeo-Christian Heritage, limited government, and the American Constitution
Wednesday February 10th 2016

‘Constitutional Law’

Joseph Story, the Natural Law, and Modern Jurisprudence

Joseph Story, the Natural Law, and Modern Jurisprudence

DIARMUID F. O'SCANNLAIN, HERITAGE FOUNDATION Abstract Joseph Story As a natural law thinker, Supreme Court Justice Joseph Story believed that human nature is inherent and unchangeable. Story wrote that God fixed the laws of mankind’s being, and thus it is “altogether unchangeable in its first principles.” But whereas Story’s [...]

The Palladium of the Liberties of the Republic—Justice Joseph Story

The Palladium of the Liberties of the Republic—Justice Joseph Story

Supreme Court Justice Joseph Story LIBERTY LETTERS, JOSEPH STORY, 1833 The next amendment is: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." The importance of this article will scarcely be doubted by any persons, who have duly reflected [...]

Interposition and the Heresy of Nullification: James Madison and the Exercise of Sovereign Constitutional Powers

Interposition and the Heresy of Nullification: James Madison and the Exercise of Sovereign Constitutional Powers

Professor Christian G. Fritz,  First Principles Series, Heritage Foundation Abstract: The seemingly unstoppable growth of the federal government has led to a revival, in some circles, of the discredited notion of nullification as a legitimate constitutional mechanism for states to reassert their sovereign powers. Proponents of this doctrine [...]

Defense Authorization Bill Still Savages the Constitution

Defense Authorization Bill Still Savages the Constitution

By Dennis Behreandt Despite a tremendous, last-minute outcry from both sides of the political aisle, the U.S. Senate passed the National Defense Authorization Act for Fiscal Year 2012 by a vote of 93 to 7 on December 1. Civil libertarians on both the left and the right opposed passage because the measure contained language allowing the [...]

When Clarence Thomas Came for a Visit

When Clarence Thomas Came for a Visit

Mark W. Hendrickson, The Center for Vision and Values On Tuesday, November 15, Supreme Court Justice Clarence Thomas visited Grove City College. (1) I had a choice to make—whether to meet him or attend to the tons of work I had to finish before several looming deadlines. I don’t share our society’s fascination with famous people. I [...]

William Blackstone: The Third Absolute Right

William Blackstone: The Third Absolute Right

Liberty Letters Quote of the Day, William Blackstone, 1765 The third absolute right, inherent in every Englishman, is that of property: which consists in the free use, enjoyment, and disposal of all his acquisitions, without any control or diminution, save only by the laws of the land. The original of private property is probably founded in [...]

What George Washington REALLY Thought About the Constitution

What George Washington REALLY Thought About the Constitution

By Dennis Behreandt Visitors to The Atlantic’s Website on November 1 were likely enticed by the prospect of learning from “Murrow Award winning legal analyst and commentator” Andrew Cohen what George Washington, the nation’s first president and most well-known Founding Father, “thought about the Constitution.” Darkly, Cohen warned [...]

TSA and America’s Misplaced Rage

TSA and America’s Misplaced Rage

By Dennis Behreandt When blogger Jill Filipovic, who writes at Feministe.us, opened her luggage after passing through a TSA checkpoint, she found an unexpected surprise. Taking to Twitter, she wrote: “Just unpacked my suitcase and found this note from TSA. Guess they discovered a ‘personal item’ in my bag. Wow.” The note, [...]

Massachusetts

Massachusetts

Founders Corner Library Commentaries on the Constitution of the United States, by Joseph Story, 1833 Volume 1, MASSACHUSETTS § 61. ABOUT the period when the Plymouth colonists completed their voyage, James the First, with a view to promote more effectually the interests of the second or northern company, granted1 to the Duke of Lenox and [...]

Who Needs the Senate?

Who Needs the Senate?

New Common Sense, Heritage Foundation During a recent campaign event in North Carolina for his jobs plan, President Obama remarked to his admiring crowd: “If you love me, you’ve got to help me pass this bill!” Senator Harry Reid (D-NV) showed no love for Obama this past week. To avoid voting on (or more appropriately, voting for) [...]

Origin and Settlement of New England

Origin and Settlement of New England

Founders Corner Library Commentaries on the Constitution of the United States, by Joseph Story, 1833 Volume 1, ORIGIN AND SETTLEMENT OF NEW ENGLAND § 52. We may now advert in a brief manner to the history of the Northern, or Plymouth Company. That company possessed fewer resources and less enterprise than the Southern; and thought aided by [...]

“Willful Blindness” Opens Door to More Wrongful Convictions

“Willful Blindness” Opens Door to More Wrongful Convictions

Brian Walsh, Heritage Foundation Willful blindness is not knowledge; and judges should not broaden a legislative proscription by analogy. —Justice Anthony Kennedy, May 31, 2011 A recent decision of the Supreme Court of the United States in a patent lawsuit may, somewhat surprisingly, have a major and destructive impact on federal criminal law. [...]

Origin and Settlement of Virginia

Origin and Settlement of Virginia

Founders Corner Library Commentaries on the Constitution of the United States, by Joseph Story, 1833 Volume 1, ORIGIN AND SETTLEMENT OF VIRGINIA § 39. Having thus traced out the origin of the title to the soil of America asserted by the European nations, we may now enter upon a consideration of the manner, in which the settlements were made, [...]

Commentaries on the Constitution of the United States: Preliminary Chapter

Commentaries on the Constitution of the United States: Preliminary Chapter

Founders Corner Library Commentaries on the Constitution of the United States, by Joseph Story, 1833 Volume 1, PRELIMINARY CHAPTER Plan of the Work The principal object of these Commentaries is to present a full analysis and exposition of the Constitution of Government of the United States of America. In order to do this with clearness and [...]

Commentaries on the Constitution of the United States: Preface

Commentaries on the Constitution of the United States: Preface

Founders Corner Library Commentaries on the Constitution of the United States, by Joseph Story, 1833 Volume 1, PREFACE I now offer to the public another portion of the labours devolved on me in the execution of the duties of the Dane Professorship of Law in Harvard University. The importance of the subject will hardly be doubted by any [...]

Commentaries on the Constitution of the United States: Dedication

Commentaries on the Constitution of the United States: Dedication

Founders Corner Library Commentaries on the Constitution of the United States, by Joseph Story, 1833 Volume 1, DEDICATION TO THE HONORABLE JOHN MARSHALL, LL. D., CHIEF JUSTICE OF THE UNITED STATES OF AMERICA. SIR, I ask the favour of dedicating this work to you. I know not, to whom it could with so much propriety be dedicated, as to [...]

A Decade Later: Now What?

A Decade Later: Now What?

By Dennis Behreandt Everyone who can has been pontificating on the meaning of 9/11 during the last week. Establishment types, led by the likes of John Yoo, have been claiming that the Bush years were amazingly successful. We beat back the barbarian terrorists without sacrificing our open society too much, they claim. “easonable [...]

America’s Culture War and How to Fight It: Curbing the Courts, III

America’s Culture War and How to Fight It: Curbing the Courts, III

By Virginia Armstrong, Eagle Forum's Court Watch "The government of the United States has been emphatically termed a government of laws and not of men,"declared Chief Justice John Marshall. Contemporary constitutional scholar Raoul Berger rightly concludes, "The written Constitution was thus the highest expression of the 'rule of law' . . . ." [...]

The Threat Of Liberal Judicial Activism Reaches New Heights

The Threat Of Liberal Judicial Activism Reaches New Heights

By Lester Jackson In making the case for judicial review, Chief Justice John Marshall pointed out that judges take a sworn oath to uphold the laws of the United States.  Until last month, it would have been unnecessary to stress that he was obviously referring to actual laws, not the unfulfilled fantasies of a lone member of Congress. [...]

Individual Mandate Goes Down in 11th Circuit Court of Appeals

Individual Mandate Goes Down in 11th Circuit Court of Appeals

By Jon Roland The 11th Circuit Court of Appeals issued a 2–1 ruling August 12 striking down the individual mandate, in a suit brought by 26 state governments, the National Federation of Independent Business, and others. This is the first court of appeals decision striking down the mandate, and creates a circuit split with the recent Sixth [...]

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