• Dr. Patrick T. Conley on the Law and Order Constitution
    Articles,  Blog

    Dr. Patrick T. Conley on the Law and Order Constitution

    That constitution was described in 1901 by Arthur May Mowry as quote, “liberal and well adapted to the needs of the state.” That 1843 constitution – and we use 1843 because it went into effect in May 1843 – it was the Law & Order Constitution that was drafted by the Law & Order Convention in the concluding months of 1842 after Dorr had been vanquished and had gone into exile. That constitution was productive of an incredible amount of internal strife in Rhode Island. But nonetheless Mowry’s view expressed in his book The Dorr War in 1901 prevailed for three quarters of a century and when I wrote Democracy…

  • Kurt Lash “A Troubled Birth of Freedom”
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    Kurt Lash “A Troubled Birth of Freedom”

    and my thanks to Lee Strang to Dean Barros the University of Toledo College of Law and the Federal Society for inviting me in giving me the honor of delivering this year’s Stranahan lecture and I’m especially pleased to be here to talk about the 14th amendment an amendment as I was I was talking with Lee and the Dean just prior to beginning my remarks and I was remembering what an extraordinary role that Ohio has played in the establishment and creation of the 14th amendment including a very important gentleman mind by the name of John Bingham who drafted section 1 of the 14th amendment he’s going to…

  • Articles

    Constitutional History and the Reconstruction Amendments

    – Law professor Kurt Lash is one of the country’s leading constitutional law scholars. Founder and director of the Richmond Program on the American Constitution, he has published widely on constitutional history, theory and law, religious liberty, and free speech. He joined the University of Richmond in 2017 as the E. Claiborne Robins Distinguished Chair in Law. (light upbeat pop music) Kurt, thanks so much for taking time to sit down with me. – Thank you so much for having me. It’s a pleasure to be here. – You teach and write about constitutional and First Amendment law. In what ways have these conversations in your classroom changed over the…

  • The Intentional Difficulty of Amending the Constitution
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    The Intentional Difficulty of Amending the Constitution

    ♪♪Music♪♪ This lecture is entitled change is a comin maybe. And what I want to talk with you about during this lecture is the amendment process to the Constitution. So there are 27 amendments to our Constitution and if that number seems small, it’s not surprising. The amendment process is laid out in article 5 of the Constitution is a very, very high bar to pass. ¾ of state legislature need to approve an amendment that is the product either of Congress or a national convention. That is an option that we have that we’ve never utilized. Our 27 amendments have come from proposals either from states or from Congress.…

  • From the Founder’s Federalism to the Administrative State | Paul Moreno
    Articles,  Blog

    From the Founder’s Federalism to the Administrative State | Paul Moreno

    I’m going to defend the kind of states rights of federalism that professor Barbara has described. No Calhoon-ite but there is, I think, an alternative to the kind of national federalism that he did describe. I’m going to claim that that was the Founders constitutionalism or the Founders view of federalism, which was meant to prevent unlimited government or the kind of centralized bureaucratic state that we have today. On the other hand, I do want to emphasize that the Founders believed that federalism was instrumental. Federalism was not something that was an end in itself or good for its own purposes but it was meant to protect a more…

  • A Pocket Guide to the US Constitution
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    A Pocket Guide to the US Constitution

    INTERVIEWER: So I see a fair number of kind of mini-Constitutions in and around at some bookstores and things. How’s your book different? And why did you decide to write this one? It’s not a mini-Constitution. It’s a mini-textbook. I wrote this book for my students. It’s a cheat sheet for them. I have students in my class every year on the history of the Constitution who are approaching it fresh. They needed something to be a guide for them. This comments on every line in the Constitution, and explains very simply what it means in historical terms. Every year, we begin our course the same way. I’m gonna start…

  • Episode 140: The Constitution in Practice: From Liberty to Leviathan (with Roger Pilon)
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    Episode 140: The Constitution in Practice: From Liberty to Leviathan (with Roger Pilon)

    Aaron Ross Powell: Welcome to Free Thoughts from libertarianism.org and the Cato Institute, I’m Aaron Powell. Trevor Burrus: And I’m Trevor Burrus. Aaron Ross Powell: And today, because America demanded it, we are back with more Roger Pilon. He is Vice President for Legal Affairs and founding director of the Center for Constitutional Studies at the Cato Institute. Last time we went into an examination of the philosophical underpinnings of the social contract and ultimately our government and so today we’re going to be talking more about the history of our Constitution specifically and interpreting it. But why don’t you start by giving our listeners a very brief version of…