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Substantive Due Process

[T]he conservatives reject substantive due process, which they see as a contradiction in terms that authorizes judges to legislate. If the term sounds odd, it would be odder still to dismiss the idea. As Roger Pilon writes, “By ‘law’ [in due process of law] the...

Privacy and the Constitution

"[B]oth the [']liberals['] and the conservatives misunderstand privacy. The conservatives engage in a narrow and unnatural reading of the Constitution in order to avoid seeing what they do not wish to see, while the [']liberals['] find in the Constitution not...

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Last Rights: The Death of American Liberty

Last Rights: The Death of American Liberty

Americans today have “freedom” to be fleeced, groped, injected, harassed, surveilled, vilified, disarmed, beaten, detained, and maybe shot by federal agents. From hapless homeowners hit by SWAT raids to pandemic lockdowns pointlessly paralyzing lives, government...

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