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How the States Can be Even Worse than the Feds on Qualified Immunity

How the States Can be Even Worse than the Feds on Qualified Immunity

by TJ Martinell | Nov 4, 2022 | Court Cases, Police

For decades, the federal courts have upheld the doctrine of qualified immunity, giving federal officials enormous legal protections against lawsuits from private citizens for violating their rights.  As interpreted today, a federal agent only has to “reasonably...
Liberty Without Tumult: Understanding the Politics of John Dickinson

Liberty Without Tumult: Understanding the Politics of John Dickinson

by TJ Martinell | Oct 24, 2022 | American Revolution, John Dickinson

John Dickinson is among America’s “Forgotten Founders.” Despite authoring the most widely-read documents on American liberty before 1776, representing Pennsylvania at the Second Continental Congress, and being a primary author of the Articles of Confederation, many...
The Division of Federal and State Powers

The Division of Federal and State Powers

by TJ Martinell | Oct 12, 2022 | Constitution, Ratification Debates

How much power would the federal government have? And what powers would the states retain? This was a hotly debated question as the states considered ratifying a new constitution. For the average person, the Federalist Papers are the go-to source for understanding the...
Patrick Henry: Jury Trials Are the “Last and Best Privilege”

Patrick Henry: Jury Trials Are the “Last and Best Privilege”

by TJ Martinell | Oct 6, 2022 | AntiFederalists, Constitution, Patrick Henry, Ratification Debates, Trial by Jury

During the Virginia ratifying convention on June 20, 1789, Patrick Henry warned that the power bestowed to the Supreme Court would undermine the right to trial by jury. Henry was a strong opponent of ratification throughout the convention. He was deeply wary of the...
Second Amendment: Revisiting the Original Congressional Debates

Second Amendment: Revisiting the Original Congressional Debates

by TJ Martinell | Sep 30, 2022 | 2nd Amendment

Second Amendment scholars and historians have almost completely skipped over a detailed analysis of the debates in the First Congress. What wasn’t discussed might be as important as what was. In his dissenting view in the Second Amendment case Heller v. District of...
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