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Unpacking Constitutional Law (with Randy Barnett & Josh Blackman)

Free Thoughts

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The Civil War and Slavery

At the founding, the national government was distrusted and state governments were tended to look on more fondly. That tended to flip during the civil war when it became clear that states who supported slavery were against liberty. The federal courts now prefer their own institution over the lowy serfs in the states. There has actually never been a broader statement of federal power than the legal tender case which upheld paper money instead of gold.

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