University of Wisconsin–Madison

Tag: Daniel D. Slate

Infringed

By Daniel D. Slate. The legal concept of “infringement” at the time of ratification of the Second Amendment in 1791 meant that a right could be regulated—that is, given more definitive shape or partially curtailed or restricted—if the process by which the regulation came about was regulated through a duly elected legislature acting with the public good in mind.

Franklin’s Talmud: Hebraic Republicanism in the Constitutional Convention and the Debate Over Ratification, 1787-1788

By Daniel D. Slate. Hebraic republicanism found in rabbinic Judaism a set of sources and ideas that made it possible to argue that constitutional republics, with powers limited by the rule of law, were the only legitimate form of government. It had a profound influence on the founding, in particular in the formulation of the republican government Guarantee Clause of Article IV, Section 4.