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3 May 2012, 10:38 am by conn
Both Thomas Jefferson and James Madison thought the president shouldn’t give Americans instructions about prayer.But if the president is unwilling to do that, at least he has made his proclamation nonsectarian and avoided giving a platform to Religious Right forces that are up to no good. [read post]
3 May 2012, 7:13 am by Alfred Brophy
  James Madison addressed this issue explicitly in Federalist No. 10 in explaining the problem of “factions” in a pure democracy:  “When a majority is included in a faction, [a pure democracy] . . . enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens. [read post]
2 May 2012, 11:25 am by Eugene Volokh
Speaking of Madison, this James Madison quote — made about support for education funding, but often also used by supporters of public access to government records — might be relevant: A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps both. [read post]
1 May 2012, 8:46 pm by Edward A. Fallone
Today I particpated in another debate over the constitutionality of the Affordable Care Act’s individual mandate. [read post]
23 Apr 2012, 7:45 am by SO Issues
Will In the summer of 1787, just 94 years after the Salem witch trials, as paragons of the Enlightenment such as James Madison, George Washington and Benjamin Franklin deliberated in the Constitutional Convention in Philadelphia, a mob pelted and otherwise tormented to death a woman accused of being a witch. [read post]
16 Apr 2012, 4:00 am by Terry Hart
” According to Madison, there is a fundamental human property right to one’s “opinions and the free communication of them. [read post]
3 Apr 2012, 7:13 am
., the 3/5 rule), were the result of compromises, in which the losers (like James Madison with regard to the Senate) viewed the result as a “lesser evil” (to the greater evil of no Constitution at all) rather than a positive good. [read post]
3 Apr 2012, 6:09 am by Lawrence Solum
., the 3/5 rule), were the result of compromises, in which the losers (like James Madison with regard to the Senate) viewed the result as a “lesser evil” (to the greater evil of no Constitution at all) rather than a positive good. [read post]
30 Mar 2012, 5:27 pm
The court in Marbury held that it could not force James Madison, Secretary of State under President Thomas Jefferson, to deliver commissions signed by John Adams just before leaving office. [read post]
26 Mar 2012, 11:00 pm
Madison, 5 U.S. 137 (1803), Chief Justice John Marshall established the United States Supreme Court's power of judicial review. [read post]
25 Mar 2012, 5:49 pm by Ilya Somin
As James Madison put it, the Constitution does not give the federal government “an indefinite supremacy over all persons and things. [read post]
21 Mar 2012, 9:30 pm by Dan Ernst
., the 3/5 rule), were the result of compromises, in which the losers (like James Madison with regard to the Senate) viewed the result as a “lesser evil” (to the greater evil of no Constitution at all) rather than a positive good. [read post]
18 Mar 2012, 7:54 am by Glenn Reynolds
AN INTERESTING PROJECT: Crowd-Sourcing James Madison’s Notes of the Convention. [read post]
17 Mar 2012, 4:43 pm by Kenneth Anderson
Montpelier, for those of you who have never visited it, is the plantation of James Madison. [read post]
13 Mar 2012, 6:58 am by Mike Widener
Bentham's correspondents in the United States included Simon Snyder (1759-1819), the Governor of Pennsylvania, and James Madison (1751-1836), late President of the United States. [read post]
12 Mar 2012, 8:13 am by Ronald Collins
  I took the liberty of saying “yes” as in, for example, James F. [read post]