Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

SelectedWorks

Robert G. Natelson

Constitutional law

Discipline
Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Legal History

Does “The Freedom Of The Press” Include A Right To Anonymity? The Original Meaning, Robert G. Natelson Mar 2014

Does “The Freedom Of The Press” Include A Right To Anonymity? The Original Meaning, Robert G. Natelson

Robert G. Natelson

This Article examines relevant evidence to determine whether, as some have argued, the original legal force of the First Amendment’s “freedom of the press” included a per se right to anonymous authorship. The Article concludes that, except in cases in which freedom of the press had been abused, it did. Thus, from an originalist point of view, Supreme Court cases such as Buckley v. Valeo and Citizens United v. Federal Election Commission, which upheld statutes requiring disclosure of donors to political advertising, were erroneously decided.


The Agency Law Origins Of The Necessary And Proper Clause, Robert G. Natelson Jan 2004

The Agency Law Origins Of The Necessary And Proper Clause, Robert G. Natelson

Robert G. Natelson

This is the first of several writings by the author on the original meaning of the Constitution's Necessary and Proper Clause. It explains part of the legal background of the Clause, identifies it as a recital (not an independent grant of power) of the 18th century doctrine of incidental powers, and explains the content of that doctrine. The article has since been updated and supplemented by the author's signed chapters in Lawson, Miller, Natelson & Seidman, The Origins of the Necessary and Proper Clause (Cambridge Univ. Press, 2010).


The General Welfare Clause And The Public Trust: An Essay In Original Understanding, Robert G. Natelson Jan 2004

The General Welfare Clause And The Public Trust: An Essay In Original Understanding, Robert G. Natelson

Robert G. Natelson

This article explains the original meaning/understanding of the Constitution's General Welfare Clause, including the scope of the taxing and spending power granted to Congress