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When Thinking about Obergefell We Must Distinguish between Policy and Law »

Among the friends of liberty, there is much confusion about whether the Supreme Court’s Obergefell opinion is a vindication of liberty or an usurpation of power. When thinking about the opinion we should be aware of two different modes of analysis: policymaker and judge. How we see Obergefell depends on which mode we have switched...
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Libertarians Should Be Cautious in Celebrating Obergefell »

To no one’s surprise, five justices of the U.S. Supreme Court held that “the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same sex may not be deprived of that right and...
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Judge Andrew Napolitano: Military Tribunals Are Unconstitutional »

In an article in the Los Angeles Times on November 29th, “The case against military tribunals,” Judge Andrew P. Napolitano presented his opposition to military tribunals in the U.S. government’s undeclared “war on terror.” It’s a violation of the Constitution to use the panels without a declaration of war—and just calling it a “war”...
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The Lynch-mob Mentality in the “War on Terror” »

In his latest column at Salon.com, “The lynch-mob mentality,” Glenn Greenwald correctly discusses the utter contradiction by those who properly want to hold terrorists accountable for their criminal acts against the innocent but then embrace both a foreign policy that knowingly harms innocent people and a legal system that tramples due process by not...
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