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  • Report posted January 18, 2011 by David F Forte Commerce, Commerce, Everywhere: The Uses and Abuses of the Commerce Clause

    Over the course of the last decades, the commerce clause has been used as a primary source for the regulatory expansion of the national government. This reading of the clause, granting virtually unlimited regulatory power over the economy to the federal government, came out of a series of Supreme Court decisions at the time of the New Deal. In its original meaning, the…

  • WebMemo posted September 16, 2009 by David F Forte The Originalist Perspective

    An excerpt from The Heritage Guide to the Constitution Written constitutionalism implies that those who make, interpret, and enforce the law ought to be guided by the meaning of the United States Constitution--the supreme law of the land--as it was originally written. This view came to be seriously eroded over the course of the last century with the rise of the theory of…

  • Lecture posted February 19, 2009 by David F Forte Appealing to the Judge's Better Angels

    In January of 1788, the Anti-Federalist with the nom de plume of Brutus was mightily troubled with the proposed Constitution that had come out of Philadelphia. His particular vexation was over the federal judiciary. To the New York State Ratifying Convention, he wrote these words: Those who are to be vested with the judicial power are to be placed in a…

  • WebMemo posted December 3, 2008 by David F Forte Constitutional Ineligibility: What Does the Emoluments Clause Mean?

    No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have have been encreased during such time. . . . --U.S. Constitution, Article I, Section 6, Clause 2 Determined to avoid corruption and…

  • Lecture posted October 12, 2001 by David F Forte Understanding Islam and the Radicals

    The United States is in a war, but it is not a war between Islam and the West. Radical Islamic terrorists hijacked four airplanes and killed thousands of innocent Americans on September 11. But their enmity was not just directed against the United States and the civilization it represents. These terrorists also mean, as President Bush made clear in his speech to the…

  • Commentary posted September 19, 2001 by David F Forte Radical Islam vs. Islam

    Islamic radicals hijacked airplanes to attack and undermine the West. They killed thousands of innocents without a single moral qualm. But their enmity is not just directed against us. They also mean to hijack Islam itself and to destroy 13 centuries of Islamic civilization. We are not in a war between two civilizations. We are fighting an enemy of two…

  • Lecture posted May 1, 1996 by David F Forte Eve Without Adam: What Genesis Has to Tell America About Natural Law

    In the spring of 1992, I was ensconced here on the fifth floor of the Heritage Foundation. There I was, ferreting out the historical basis of the Supreme Court's right to strike down legislation, when, from a few blocks away, the Justices graced my work with the following statement: At the heart of liberty is the right to define one's own concept of existence, of…

  • Lecture posted April 10, 1993 by David F Forte Conservatism and the Rehnquist Court

    Over the past two years, I have been on the trail of William Marbury, protagonist in Chief Justice John Marshall's most renowned case of Marbury v. Madison. My quest has taken me through collections of eighteenth century papers found in research libraries from Williamsburg to Boston. In Washington, I am often at the National Archives, or I travel the short distance…

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