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Bringing Antitrust Laws into the Twentieth Century

(Archived document, may contain errors) 344 April 18, 1984 INTRODUCTI BRINGING INTO ON ANTITRUST THE TWENTIETH LAWS CENTURY Growing tr ade deficits are focusing attention on problems faced by U.S. producers in world markets. Having once enjoyed what appeared to be an unassailable position as the world's commercial leaders U.S. companies hold.decreasing shares of the market, which is caus ing serious trouble for businessmen, labor leaders, and politicians.

The Language of Law and the Foundations of American Constitutionalism

America’s Founders believed that creation of the Constitution signaled acceptance of the belief that men could create their governments from what Alexander Hamilton called “reflection and choice” and not be doomed to whatever fate may bring as a result of “accident and force.” At the heart of this idea is the further confidence that language, as John Locke said, “is the great instrument and common tye of society.” The Founders held that their written and ratified Constitution of limited enumerated powers was understood to be the embodiment of what Hamilton called the ‘intention of the people.” The recovery of that original foundation of the Constitution begins with the premises of those who stood at the beginning of modernity, especially Locke and Thomas Hobbes, for it is in their political philosophies of natural rights that one sees most clearly the moral grounds of originalism as the standard of interpretation. Originalism is rooted in the belief that men are all c

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