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Full-Text Articles in Law

Consent Without Consent: Reflections On The Theory And Practice Of Democracy, Noam Chomsky Jan 1996

Consent Without Consent: Reflections On The Theory And Practice Of Democracy, Noam Chomsky

Cleveland State Law Review

This lecture reflects on core issues of American democracy in light of the upcoming 1996 Presidential election. The piece focuses primarily on the economy and the market throughout its discussion.


Libertarianism, Natural Rights And The Constitution: A Commentary On Recent Libertarian Literature, David Bergland Jan 1996

Libertarianism, Natural Rights And The Constitution: A Commentary On Recent Libertarian Literature, David Bergland

Cleveland State Law Review

This commentary takes a look at recent Libertarian literature, specifically: Harry Browne's Why Government Doesn't Work, Charles Murray's What It Means To Be a Libertarian, and David Boaz' Libertarianism: A Primer. These books critique federal government programs and specific policy proposals, and in the process they raise several questions that are fundamental to the American experiment with human liberty within the constitutional framework bequeathed to us by Jefferson, Madison, Hamilton, the other founders, and the People who ratified the Constitution. Section II seeks to figure out how to describe Libertarians. Section III discusses the fallacy of legislative omnipotence, including the …


States' Repeal: A Proposed Constitutional Amendment To Reinvigorate Federalism, Aaron J. O'Brien Jan 1996

States' Repeal: A Proposed Constitutional Amendment To Reinvigorate Federalism, Aaron J. O'Brien

Cleveland State Law Review

The lack of both legislative and judicial integrity led to a governmental system which is federalist in name but centrally planned in reality. Congress regularly passes laws which stretch the conceivable bounds of its powers. By failing to overturn such legislation, the Supreme Court ignores the benefits of federalism and the significance of dual sovereignty. These changes render the individual citizen's opinion rather meaningless while attacking the roots of democracy and threatening the liberties early Americans so earnestly tried to preserve. The People are left without a mechanism through which to speak on a national level. Because of this dissolution …