Monthly Archives: September 2011

Federalist Project 20

“Madison & the Origins of Originalism” and Federalist 84 – 85 As if anticipating contemporary woes about the likelihood of major policy shifts emerging from the legislative process, Madison made this prescient remark: “All new laws, though penned with the greatest … Continue reading

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Federalist Project 19

“Rights” and Federalist 81 – 83 As we’ve seen before, Rakove profitably draws on period critics – the Anti-Federalist writers – to underscore salient points in the Founders’ treatment of rights, especially as political pressure mounted to draft a “Bill … Continue reading

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Federalist Project 18

“Rights” and Federalist 78 – 80 In his penultimate chapter “Rights,” Rakove’s study of “original meanings” looks into the underpinnings of American understandings of “rights.” Citing the work of other historians and theorists, Rakove’s depicts the American preoccupation with rights … Continue reading

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