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Full-Text Articles in Legal History
Does “The Freedom Of The Press” Include A Right To Anonymity? The Original Meaning, Robert G. Natelson
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
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
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