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Economic Liberty and The Slaughterhouse Cases

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Are economic rights and liberties among the “privileges or immunities” of citizenship protected by the Constitution’s Fourteenth Amendment? That was the simple question before the Supreme Court in the Slaughterhouse Cases, the opinion which is today almost uniformly denounced in the legal academy. Scholars of all political and interpretive commitments have come to reject Slaughterhouse as among the Court’s ...

Conservatism and Libertarianism

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When conservative politicians are trying to get the votes of libertarians and “libertarian-leaning” Republicans, they often tout the supposed affinity between conservatism and libertarianism. They claim that there is a conservative and libertarian confluence of thought on many issues. They maintain that because the real enemy of conservatism and libertarianism is liberalism, conservatives and libertarians stand on common ground. ...