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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 ...

The Keys to Human Prosperity: Individual Liberty and the Rule of Law

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We live at time when, increasingly, the U.S. government operates in arbitrary and discretionary ways. Government regulatory agencies seemingly have unrestrained powers over land-use, business manufacturing and enterprise, the workplace and the environment under broad legislative mandates. And proposals are now frequently being made for ad hoc restrictions and prohibitions on freedoms of speech, press, religion and association.  The ...