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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:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp
Length in days of the sentence Russian blogger Alexei Navalny served for leading an opposition rally last year:
Israeli researchers developed software that evaluates the depression of bloggers.
A teenager in Singapore was convicted of obscenity for posts critical of Lee Kuan Yew, the country’s founding father, that included an image of Lee having sex with Margaret Thatcher.
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“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”