Democrats and Republicans Alike Get the Supremacy Clause Wrong

When the issue of federal power over states’ rights come into the forefront, Democrats are quick to cite the supremacy clause as beyond debate.  Yet, Republicans often use the same talking points.  When GOP policies need that extra “federal muscle,” Republicans imitate their political opponents and claim federal law as supreme without question.

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Good War and Bad Peace: Perpetual War and the Erosion of Liberty

In a letter written in 1783, Benjamin Franklin said, “In my opinion, there never was a good War, or a bad Peace.”

That kind of talk today probably would get Ben branded a terrorist or an associate of al-Qaeda, ISIS, or the latest enemy in the perpetual War on Terror. Lindsey Graham definitely would tell him to shut up and then send him to Gitmo.

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James Madison on “Parchment Barriers” and the defense of liberty

Although in the Federalist Papers James Madison urged ratification of the U.S. constitution, he was also concerned about things it left undone. He thought that many of his contemporaries were too focused on the threats posed by the executive branch, which he thought understandable given the fact that they had just fought a revolutionary war against…

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