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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:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Amount paid last fall for a Ford Escort driven by Pope John Paul II:
92 percent of Mexicans are relaxed by a pleasant-smelling bedroom.
Swedish biologists studying coercive mating in mosquitofish discovered that females’ brains get larger as males’ genitals get longer, and male Madagascar hissing cockroaches were found to attract mates with either their enlarged testicles or their enlarged horns.
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"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."