James Madison on Religious Liberty

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The first store was opened in 1998 and was such a success that many more will be opening. Rights not enumerated � State rights not dependent on federal rights. Nonetheless, the Supreme Court, especially in the late nineteenth and early twentieth centuries, has sometimes been very fond of arguments that run something like: “All self-respecting governments can do X, our national government is a self-respecting government, therefore our national government can do X.” This kind of reasoning was used to support dubious federal powers to exercise eminent domain, to implement a military draft, to hold overseas colonies, and to pass laws concerning immigration. (If one actually reads the Constitution, one finds enumerated congressional power over naturalization but not a power over immigration, which therefore left the latter to the individual states unless it can be jammed into the idea of “Commerce with foreign Nations” or is somehow an “executive Power.”) A straightforward reading of the Tenth Amendment forecloses that line of reasoning.

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Publisher: Prometheus Books; First Edition edition (1985)


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