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  • Legal Memorandum posted January 25, 2013 by John C. Eastman The Constitutionality of Traditional Marriage

    On December 7, 2012, the Supreme Court of the United States announced that it would hear two cases challenging laws that define the institution of marriage as it has traditionally been understood: as a union between one man and one woman. In United States v. Windsor,[1] the Court will review the decision by the U.S. Court of Appeals for the Second Circuit holding that…

  • Report posted January 13, 2011 by John C. Eastman Enough Is Enough: Why General Welfare Limits Spending

    Perhaps no other clause in the Constitution generated as much debate among the Founders as the “Spending Clause”—the first of the 18 powers granted to Congress under Article I, Section 8. Alexander Hamilton and James Madison, the principal authors of The Federalist, famously disagreed about the meaning of “general Welfare” and the limits to Congress’s spending power. For…

  • Legal Memorandum posted March 30, 2006 by John C. Eastman From Feudalism to Consent : Rethinking Birthright Citizenship

    It is today routinely believed that under the Citi­zenship Clause of the Fourteenth Amendment, mere birth on U.S. soil is sufficient to obtain U.S. citizen­ship. However strong this commonly believed inter­pretation might appear, it is incompatible not only with the text of the Citizenship Clause (particularly as informed by the debate surrounding its adoption), but…

  • Commentary posted August 10, 2001 by Edwin Meese III, John C. Eastman The Death Throes of Preference

    President Bush's Justice Department is today expected to file a highly anticipated brief in Adarand Constructors, Inc. vs. Mineta, a case challenging racial preferences in government contracting programs that is on its third trip to the United States Supreme Court. In 1995 the Supreme Court sent Adarand back to the Court of Appeals, holding that government-sponsored…

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