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19 Jan 2014, 4:42 pm by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) My thanks again to the VC for lending me the podium this week to talk about The Conscience of The Constitution. [read post]
19 Jan 2014, 4:33 pm by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) I mentioned in a previous post that Progressivism has a curious definition of “democracy” that largely takes the form of unaccountable administrative agencies wielding enormous power to regulate people’s behavior. [read post]
18 Jan 2014, 8:10 pm by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) Sunday at 10pm Eastern, Fox News will be rebroadcasting John Stossel’s special, War On The Little Guy, which includes a segment about my lawsuit on behalf of Kentucky entrepreneur Raleigh Bruner. [read post]
17 Jan 2014, 8:52 pm by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) Progressive constitutional doctrine underwent some interesting changes in the middle of the twentieth century. [read post]
16 Jan 2014, 11:08 pm by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) I’ve said that the chief accomplishment of Progressive constitutional theory was to prioritize democracy over liberty as the central constitutional value. [read post]
16 Jan 2014, 6:00 am by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) The clash between the classical liberalism of the Constitution—which holds that individual rights are primary, and democracy is secondary, and limited by individual rights—and the “wolf’s view” of politics—which holds the power of the majority as primary, and sees rights as privileges given to the individual by the majority—persisted into the twentieth century. [read post]
15 Jan 2014, 5:20 pm by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) The Slaughter-House Cases was a shocking reactionary retreat from what had been accomplished with the ratification of the Fourteenth Amendment. [read post]
15 Jan 2014, 11:14 am by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) The first Supreme Court case to interpret the Fourteenth Amendment was the 1873 Slaughter-House Cases, in which a group of Louisiana butchers challenged the constitutionality of a state law requiring that all slaughtering be done at a single, privately-owned abattoir. [read post]
14 Jan 2014, 5:29 pm by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) In my first post, I said that the basic premise of the Constitution is that people are fundamentally free, and that political institutions are created through that freedom, and are legitimate only insofar as they respect that freedom. [read post]
14 Jan 2014, 4:27 am by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) Prof. [read post]
13 Jan 2014, 7:26 am by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) It’s great to be back guest-blogging at The Volokh Conspiracy. [read post]
17 Oct 2010, 1:04 pm by David Kopel
And of course I commend Eugene for inviting him to guest-blog for VC. [read post]
15 Oct 2010, 5:39 pm by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) Thank you to The Volokh Conspiracy for allowing me to guest blog this week about economic liberty and the law. [read post]
15 Oct 2010, 8:37 am by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) There’s a surprising amount of great poetry about economic liberty; perhaps the most famous is Shylock’s comment in The Merchant of Venice, when Antonio recommends that the state confiscate Shylock’s property: “Nay, take my life and all; pardon not that: / You take my house when you do take the prop / That doth sustain my house; you take my life / When you do take the means whereby I live.” [read post]
14 Oct 2010, 12:55 pm by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) Judge Roger Vinson of the Northern District of Florida has issued a decision refusing to dismiss the constitutional challenge to the Obama Administration’s health care legislation. [read post]
14 Oct 2010, 8:34 am by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) Intrusive business regulations have a disproportionately negative impact on the poor and members of minority groups, who lack the political influence that whereby wealthy corporations and politically well-connected people are able to obtain special government favors. [read post]
14 Oct 2010, 3:32 am by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) I’m currently working on a case in why my clients were forced to give up their right to vote in exchange for a building permit. [read post]
13 Oct 2010, 12:00 pm by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) When talking about “substantive due process,” as I’ve been doing, one must address a number of myths about that theory that, sadly, are so common that many law students are never even taught what the theory even means. [read post]
13 Oct 2010, 11:40 am by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) A commenter asked whether illegal immigrants have the right to earn a living. [read post]
12 Oct 2010, 7:36 pm by Timothy Sandefur, guest-blogging
(Timothy Sandefur, guest-blogging) Libertarians and conservatives often accuse the Supreme Court of dramatically shifting constitutional law in the famous “Switch in Time,” as the result of political pressure brought by President Franklin Roosevelt. [read post]