Originalism Myths #1: Originalists Think the Framers Agreed on Everything
This claim is fundamentally misconceived on two counts
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A Jeffersonian American Patriot is a State Patriot
One day in January 1811, Thomas Jefferson wrote to a French man of letters whose book he so much admired that he translated it into English and saw to its American republication. Along the way, he explained to the Frenchman why there had been such a difference between the outcomes of their countries’ revolutions. “The true barriers [defenses] of our liberty in this country,” Jefferson instructed, “are our State governments; and the wisest conservative power ever contrived by man, is that of which our Revolution and present government [the Federal Government] found us possessed.”
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The Founders’ Promises About What the Federal Government Could NOT Do
The Constitution created a federal government with powers that, as James Madison said, were “few and defined.” Yet today the feds have their paws in almost every pocket of American life. How did that happen? One reason is that if you don’t know much about the Constitution’s language, you can misread those “few and defined…
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Unconstitutional? Extra-Constitutional? What’s the Difference?
You often hear that an action is “constitutional” or “unconstitutional.” More rarely, you hear the term “extra-constitutional.” Exactly how do these words differ?
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The Origins of “Militia” in the Second Amendment
Larry King wants you to believe the purpose of the 2nd was to defeat slaves. He’s wrong.
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The Constitution and War Powers: Not a Presidential Dictatorship
The neoconservative argument is based on ignorance or dishonesty. There is no third possibility.
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Madison’s Definition of Democracy Is Now Irrelevant
claiming a preference for a republic over a democracy communicates essentially zero information unless one precisely defines the two terms in a way that departs significantly from Madison’s definitions.
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The Right to Keep and Bear Arms is not About Hunting
In simplest terms, the Second Amendment was meant to ensure the people could take on the government if necessary.
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Can the Feds Prosecute Foreigners if Their Actions Are Legal Where They Are?
This is all about power and the fiction of universal jurisdiction — a fiction the Framers thought they had buried. It needs to be buried again.
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America’s Hamiltonian Empire of Lies
In his outstanding new book Brion McClanahan explains how Hamilton, invented a mythical founding that bears no resemblance at all to the actual founding.
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It’s Time to Break Up the Government Monopoly
America’s founding generation took great pains to avoid centralizing power.
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John Dickinson’s “Farmer” Letters on their 250th Anniversary
Dickinson, like other Founders, emphasized the need to protect liberty by frequently resorting to “first principles.” This 250th anniversary offers Americans an opportunity to do just that.
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