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Senator Barack Obama on the Nomination of Alberto Gonzales for Attorney General, Feb. 3, 2005.

3 . Gordon S. Wood, “Never Forget: They Kept Lots of Slaves,” New York Times, http://www.nytimes.com/2003/12/14/books/review/14WOODLT .html?scp=3&sq=never%20forget%20they%20kept%20lots%20of%20slaves&st=cse (Dec. 14, 2003).

4 . Matthew Spalding, “How to Understand Slavery and the American Founding,” The Heritage Foundation, http://www.heritage.org/research/ americanfoundingandhistory/wp01.cfm (Aug. 26, 2002).

5 . Wood, “Never Forget: They Kept Lots of Slaves.”

6 . Spalding, “How to Understand Slavery and the American Founding.”

7 . Ibid.

8 . Denis Henderson, and Frederic W. Henderson, “How the Founding Fathers Fought For an End to Slavery,” The American Almanac, http://american_almanac.tripod.com/ffslave.htm (Mar. 15, 1993).

9 . Spalding, “How to Understand Slavery and the American Founding.”

10 . Ibid.

11 . The Northwest Ordinance of 1787, Article 6.

12 . Spalding, “How to Understand Slavery and the American Founding.”

13 . Alan Dershowitz, America Declares Independence (Hoboken, NJ: John Wiley & Sons, Inc., 2003), 124.

14 . Ibid.

15 . Ibid., 127.

16 . Ibid., 128.

17 . Ibid.

18 . Ibid., 129.

19 . Ibid., 130–31.

20 . Ibid., 135.

21 . Ibid., 135–36.

22 . Ibid., 125.

23 . Ibid.

24 . Ibid., 126.

25 . “Legacy—Thomas Jefferson,” Library of Congress, www.loc.gov/exhibits/jefferson/jeffleg.html ( Jan. 26, 2007).

26 . Ibid.

27 . Wood, “Never Forget: They Kept Lots of Slaves.”

28 . Ibid.

29 . Ibid.

30 . Ulrich Boser, “The Sorry Legacy of the Founders,” U.S. News and World Report, http://www.usnews.com/usnews/culture/articles/040112/12slave.htm ( Jan. 4, 2004).

31 . Wood, “Never Forget: They Kept Lots of Slaves.”

32 . Ibid.

33 . Ibid.

34 . Ibid.

35 . Spalding, “How to Understand Slavery and the American Founding.”

36 . Ibid.

37 . Ibid.

38 . Ibid.

39 . Ibid.

40 . The Federalist, No. 54.

41 . Spalding, “How to Understand Slavery and the American Founding.”

42 . Ibid.

43 . Ibid.

44 . Ibid.

45 . Ibid.

46 . Aside from the debate with Garrison, libertarians today consider Frederick Douglass a hero. In a well-known speech, “What to the Slave Is the Fourth of July?,” Douglass, a former slave, proclaimed that “interpreted as it ought to be interpreted, the Constitution is a Glorious Liberty Document” (emphases in original). Douglass was also a staunch proponent of the free market, as well as private property. Furthermore, Douglass condemned government affirmative action programs, believing that government aid to blacks after slavery merely showed African-American inferiority. (The source of the information contained in this endnote is Ronald Hamowy’s The Encyclopedia of Libertarianism (2008), published by SAGE Publications, Inc., at pages 127–28.)

47 . . . . though some have tried. For a collection of essays supporting the institution of slavery, see Defending Slavery: Proslavery Thought in the Old South, by Paul Finkelman.

48 . Michael Knox Beran, “‘Never Forget: They Kept Lots of Slaves,’” The National Review Online, http://www.nationalreview.com/comment/beran200312290000.asp (Dec. 29, 2003).

49 . Paul M. Angle, and Miers, Earl Schenck, eds., The Living Lincoln: The Man in His Times, in His Own Words (Fall River, MA: Fall River Press, 1992), 203.

50 . Ibid.

51 . Ibid.

52 . Letter to Horace Greely, editor of the New York Tribune, Aug. 22, 1862.

53 . Civil Rights Cases, 109 U.S. 3, 13 (1883).

54 . Plessy v. Ferguson, 163 U.S. 537 (1896).

55 . Plessy, 163 U.S. at 551.

56 . Plessy, 163 U.S. at 552. The fascinating part of the Plessy case, however, is that regardless of the railroad companies’ feelings toward African-Americans, they believed that it was way too costly to purchase additional cars for African-Americans, so as to segregate the two races. Therefore, if the legislature had not passed the race-based law at issue in Plessy, the free market would have ensured racial equality in this area.

57 . Plessy, 163 U.S. at 559.

58 . Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).

59 . Regents of Univ. of California v. Bakke, 438 U.S. 265 (1978).

60 . Grutter v. Bollinger, 539 U.S. 306 (2003).

61 . Grutter, 539 U.S. at 341.

62 . Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 240 (1995).

63 . Grutter, 539 U.S. at 351.

Lie #2

1 . Jeff Benedict, Little Pink House: A True Story of Defiance and Courage (New York: Grand Central Publishing, 2009), 88.

2 . Ibid., 324.

3 . Ibid., 357.

4 . Ibid., 330.

5 . See my book Constitutional Chaos: What Happens When the Government Breaks Its Own Laws (Nashville: Thomas Nelson, 2004), Introduction.

6 . Henry David Thoreau, Civil Disobedience (1849), http://thoreau.eserver.org/civil.html.

7 . S. Burlington County NAACP v. Mt. Laurel, 92 NJ 158, 209 (1983).

8 . A newspaper, the Star Ledger, quoted him.

9 . Anastasia C. Sheffler-Wood, “Where Do We Go from Here? States Revise Eminent Domain Legislation in Response to Kelo,” 79 Temp. L. Rev. 617 (2006), 618.

10 . Kelo, 545 U.S. 469 (2005).

11 . Patrick McGeehan, “Pfizer to Leave City That Won Land-Use Case,” New York Times, http://www.nytimes.com/2009/11/13/nyregion/13pfizer.html?scp=2&sq=pfizer&st=cse (Nov. 13, 2009).

12 . Ibid.

13 . Ibid.

14 . Kelo, 545 U.S. at 503.

15 . 545 U.S. at 522.

16 . See my book Constitutional Chaos: What Happens When the Government Breaks Its Own Laws, 65–78.

17 . Patrick McGeehan, “Pfizer to Leave City That Won Land-Use Case.”

18 . Ibid.

19 . Ibid.

20 . Ibid.

21 . Brian A. Blum and Juliana B. Wellman, “Participation, Assent and Liberty in Contract Formation,” Ariz. St. L.J. (1982), 901, 907–08.

22 . It is important to note that in discussing a “valid police purpose,” the Court was referring to the government’s “police power,” which is the power of state governments to protect the health, safety, welfare, and morality of its people. The police power has nothing to do with the policing of criminals, but rather with government interference with the rights and dealings of the common people.

23 . See my book The Constitution in Exile (Nashville: Thomas Nelson, 2006), 89–101.

24 . This is my favorite line from among all U.S. Supreme Court decisions and best crystallizes an originalist interpretation of the Constitution.

25 . Karen De Coster, “Obama to Government Motors: ‘Let’s Roll’,” Ludwig von Mises Institute, http://mises.org/story/3484 (May 22, 2009).

26 . See my book The Constitution in Exile.

27 . “Europe’s Solution: Take More Time Off,” a post on “Room for Debate,” a blog from the editors of the New York Times, http://roomfordebate.blogs.nytimes.com/2009/03/29/europes-solution-take-more-time-off/ (Mar. 29, 2009).

Lie #3

1 . Then Judge John G. Roberts, at his Senate confirmation hearing (Sept.

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