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Page 49

nothing less than a bloodless constitutional revolution"

(p. 1231).

100. James Madison, "Property," National Gazette, March 29,

1792; reprinted in The Papers of James Madison, vol. 14, 6

April 1791-16 March 1793, ed. Robert A. Rutland et al.

(Charlottesville: University Press of Virginia, 1983)

(emphasis in original.

101. See Thomas G. West, "Property and the Public Good:

The Founders' View," Claremont Institute Briefings, January

8, 1992.

102. See Tribe, pp. 558-59; and Philip B. Kurland and

Ralph Lerner, The Founders' Constitution (Chicago:

University of Chicago Press, 1987), vol. 1, p. 419.

103. Thomas, p. 69.

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

105. For a discussion of federalism against a background

of congressional mistrust of the states, see Roger Pilon,

Testimony before the Subcommittee on Human Resources and

Intergovernmental Relations of the House Committee on

Government Reform and Oversight, July 20, 1995; reprinted

as "On the First Principles of Federalism," Cato Policy

Report 17, no. 6 (1995), and in St. Croix Review 29, no. 4

(August 1996): 13-17.

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