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13 Jun 2013, 3:59 am by Terry Hart
The necessity of this to a free culture was recognized most recently by a federal court less than three months ago: Paraphrasing James Madison, the world is indebted to the press for triumphs which have been gained by reason and humanity over error and oppression. [read post]
30 Nov 2017, 12:31 pm by Will Baude
But nothing too important rides on this, so long as we remember what James Madison wrote in his essay “Property“: In its larger and juster meaning, it embraces every thing to which a man may attach a value and have a right; and which leaves to every one else the like advantage. . . . [read post]
4 Dec 2016, 9:01 pm by Ronald D. Rotunda
But James Madison, in the Federalist Papers, No. 48, warned that we should not trust mere words, “parchment barriers,” to protect us “against the encroaching spirit of power. [read post]
12 Jun 2018, 9:01 pm by Michael C. Dorf
Justice Gorsuch cited a statement made by James Madison at the Constitutional Convention as well as the response Madison gave in public debate to the charge by Antifederalists that the Contracts Clause would forbid valuable legislation; on the contrary, Madison claimed, it would give valuable protection to liberty and property. [read post]
25 Dec 2012, 9:01 pm by Michael C. Dorf
James Madison more or less laid out the insurrectionist view in Federalist No. 46—although Madison had in mind that the people of a state would rise up under the auspices of the state militia, not one-by-one or in private armed bands. [read post]
14 Jul 2013, 9:01 pm by Michael C. Dorf
  William Marbury brought his lawsuit against James Madison in the Supreme Court without going first to any other court, and so that case was “original” in both senses of the word. [read post]
30 Oct 2007, 1:11 pm
We are now several weeks into the Supreme Court's 2007 Term. [read post]
10 Jul 2017, 9:07 am by Ilya Somin
It is ironic that MacLean falsely accuses of James Buchanan and other libertarians of opposing Brown v. [read post]
5 Feb 2014, 5:14 pm by Glotzer & Sweat
 America’s founding fathers adopted this concept wholeheartedly in establishing the legal system in the U.S. and, in fact, felt so strongly that civil redress was a fundamental and “inalienable” right that in 1789 James Madison introduced the 7th Amendment (as part of the Bill of Rights) which states as follows: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact… [read post]
23 Jun 2010, 1:23 pm by Ilya Somin
Although bolstered by such authorities as James Madison’s Federalist 10, this view has serious flaws that the Kelo experience highlights. [read post]
11 Aug 2011, 7:05 am by Mark Herrmann
The recommended books for new lawyers included Shakespeare’s plays; Alexander Hamilton and James Madison’s The Federalist Papers; Harper Lee’s To Kill a Mockingbird; and Mark Herrmann’s The Curmudgeon’s Guide to Practicing Law (affiliate link).That leaves only one question: Who’s that Shakespeare guy, and why’s he cluttering up my list? [read post]
10 Jun 2019, 4:41 pm by Ilya Somin
 As James Madison put it, "[i]n no part of the constitution is more wisdom to be found, than in the clause which confides the question of war or peace to the legislature, and not to the executive department…. [read post]
4 Jul 2020, 1:39 pm by Ilya Somin
People like Thomas Jefferson, George Washington, James Madison, and George Mason all owned slaves throughout most of their lives, even though they well knew it was wrong and a violation of their own principles. [read post]
20 Jun 2008, 2:01 am
" (1801) James Madison  "Trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature. [read post]
19 Jul 2011, 5:03 am by Steven M. Gursten
” - James Madison It is time to be honest about the failed doctrine of “tort reform. [read post]