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Stephen M. Feldman

Constitution

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A Plea For Constitutional Balance, Stephen M. Feldman Aug 2016

A Plea For Constitutional Balance, Stephen M. Feldman

Stephen M. Feldman

The fundamentalist approach of the conservative bloc of Justices on the U.S. Supreme Court in regards to corporate spending on political campaigns skews government processes and generates unintended consequences.  This paper discusses the historical approach of the Framers to invigorate the new republican democratic government while protecting individual liberties by separating these into public and private spheres of activity.

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The Interpretation Of Constitutional History, Or Charles Beard Becomes A Fortuneteller (With An Emphasis On Free Expression), Stephen M. Feldman Dec 2013

The Interpretation Of Constitutional History, Or Charles Beard Becomes A Fortuneteller (With An Emphasis On Free Expression), Stephen M. Feldman

Stephen M. Feldman

In "An Economic Interpretation of the Constitution of the United States", Charles A. Beard argued that the framers advocated for and defended the Constitution because of their personal economic interest, that the pursuit of common good was not so much a motive as a veneer. The current historical consensus is that Beard's thrust is incorrect. In this essay, I largely agree with this assessment, but his economic approach can add an important element to the discussion of constitutional history. And though his economic depiction does not closely fit the framing of the Constitution, it uncannily fits the Roberts Court's current …

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