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In the modern era, Congress has enacted many federal "tort reform" statutes (2) that supersede contrary state laws, and judicial precedents leave litt...
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A collection of eighty-five essays by ALEXANDER HAMILTON (1755?1804), JAMES MADISON...
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First, to proclaim the enormous Soft Power potential of ELT; second, to propose that the United States exploit this enormous potential by launching a veritable worldwide ELT Blitzkrieg, third to suggest that the Department of State assume responsibility for this initiative with the Defense Language Institute English Language Center (DLI) in an advisory role; and fourth to offer broad guidelines for implementation of the initiative. In less conspicuous surroundings, foreign scholars examine the more sublime artifacts of our culture such as our Declaration of Independence, our Constitution, the Federalist Papers, and American football. In Ministry of Defense (MoD) circles, ELP is the ticket to participation in peacekeeping missions and joint military exercises; to participation in inter...
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A survey that measured the frequency with which the US Supreme Court cited the Federalist Papers in judicial opinions lists the following five as the most cited. They are listed in order from least cited to most cited. Federalist Paper No. 32, by Alexander Hamilton, concerning state taxation. Paper No. 51, by James Madison, concerning governmental checks and balances. Paper No. 81, by Hamilton, concerning federal judicial power. Paper No. 78, by Hamilton, concerning judicial review of constitutionality of acts by other branches of government. Paper No. 42, by Madison, concerning a wide range of federal powers.
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Of all the complaints lodged by the Antifederalists in their campaign to defeat ratification of the Constitution, the failure to attach a bill of righ...
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Glenn Beck, the radio host and former Fox News talking head, apparently needs to capitalize one last time on his dwindling fame. His solution: publish a redundant book on the Federalist Papers.
In 1787 and 1788, the fledgling American nation was on the verge of collapse. Following their successful rebellion against Great Britain, the 13 Colonies were unable to unite under the Articles of Confederation. For several years, the individual states operated like autonomous countries, imposing internal barriers on trade and squabbling ceaselessly. Hence, a new system of government was necessary: federalism. The Federalist Papers were written when Americans were debating whether to ratify the Constitution. The series of essays, 85 in all, proved decisive.
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[...] A word ON terminology. When the justices made decisions, the reasoning was typically grounded in the text of the Constitution, sometimes with extra evidence of the Founders' intentions from contemporary documents like the Federalist Papers. The basic reasoning was that a state could not ban abortion without running afoul of "due process"- even if the state legislators went through the proper (or "due") lawmaking process.
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This book was commissioned by the Twentieth Century Fund in the belief that the American Constitution is under unfair attack from both the political l...
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Alexander Hamilton's writings, virtually alone among the framers, were invoked by President George W. Bush and his legal advisors as the cornerstone of the administration's assertions of sweeping executive powers in the areas of war and peace and national security. The Bush administration's conscription of Hamilton to justify its soaring claims of presidential power, however, represents a distortion and abuse of his views of the latter president's views, particularly those expressed in The Federalist Papers. With the loss of Hamilton as an intellectual pillar, President Bush's theory of a plenary executive power finds no support among the framers. Analysis of Hamilton's writings will repair his undeserved reputation as an apologist for expansive executive powers.
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The executive director of a national organization that wants to give states the power to veto acts of Congress hopes Gov. Paul LePage and the Legislature will join the effort.
Marianne Moran, the executive director of the Repeal Amendment, said LePage had been receptive to a libertarian movement that has so far gained traction in 13 state legislatures. The intent, Moran said, is to blunt the unfunded mandates by the federal government by adding clarifying language to the U.S. Constitution that reasserts the states' rights outlined in the Federalist Papers.