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In Citizens United, Justice Anthony Kennedy musters James Madison in support of a decision striking down congressional efforts to limit corporate electioneering. Whatever the merits of the opinion itself, Kennedy confused his Founding Fathers. In a Liberty and Power lecture (PDF) delivered at the University of Alabama Law School on Thursday, I take a look at Madison’s attitude towards corporations and the potentially corrupting influence they might have on the political process, relying on a significant essay by Madison that Harper’s Magazine uncovered and published in March 1914.
More from Scott Horton:
Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp
From the June 2014 issue
No Comment — March 28, 2014, 12:32 pm
On CIA secrecy, torture, and war-making powers
Average number of sitcom laughs an American hears during a prime-time season:
Nielsen Media Research (N.Y.C.)/Jim Drake, Night Court (Tarzana, Calif.)/Harper's research
Czech and German deer still do not cross the Iron Curtain.
British economists correlated the happiness of a country’s population with its genetic resemblance to Danes.
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“I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.”