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The Barnes Brief: Week of December 12, 2025
December 12, 2025
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Art of the Week

I. INTRODUCTION

A.  Art of the Week

As the birds make their winter trip in synchronized form, they almost magically make the form of their species in live time in the air, captured in the moment by a photographer’s film, reminding us of the Creator’s noble design and winking at us in real time. 

B.  Recommendation of the Week

An Economic Interpretation of the Constitution of the United States by Charles Beard unmasked that many of the men at the Convention Hall in Philadelphia were not as enlightened and allied to the Founding generation as later history would tell the tale. https://www.goodreads.com/book/show/187702.An_Economic_Interpretation_of_the_Constitution_of_the_United_States

C.  Wisdom of the Week

Affording politicians “a universal, unbounded permission” to take another’s liberty or property in the name of the public fisc will “when the expenses of the nation, by their ambition are grown enormous” inescapably “oppress and subject” the citizenry.” William Symmes. 

D.  Appearances

  • Dr. Bowden
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E.  Best of the Board

  1. Birthright citizenship. https://vivabarneslaw.locals.com/post/7341595/is-the-nationality-act-of-1940-the-proper-starting-point-for-analyzing-the-scope-of-subject-to-th
  2. Viva done w/ Candace. https://vivabarneslaw.locals.com/post/7516832/update-about-a-month-ago-i-asked-for-prayers-for-my-mom-since-we-were-going-to-get-an-update-on
  3. Curated content from @CCandent https://vivabarneslaw.locals.com/post/7516486/title
  4. Massie: let’s leave NATO. https://vivabarneslaw.locals.com/post/7516236/massie-introduces-bill-to-get-us-out-of-nato-by-paul-dragu-the-new-american-representative-thom
  5. Nice ruling in PA. https://vivabarneslaw.locals.com/post/7516323/robertbarnes-well-at-least-there-are-still-a-few-judges-in-pa-that-follow-the-constitution-good-r

*Bonus: Personal hope. https://vivabarneslaw.locals.com/post/7516832/update-about-a-month-ago-i-asked-for-prayers-for-my-mom-since-we-were-going-to-get-an-update-on

F.  Best Across the Internet

  • Disconnect from purpose.
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II. THE EVIDENCE

A.   NEWS OF THE WEEK: The Library

  1. EU crosses Rubicon. https://x.com/PM_ViktorOrban/status/1999358779763183953?s=20
  2. Vaccines & chronic disease. https://ijvtpr.com/index.php/IJVTPR/article/view/125
  3. Disney’s AI gamble. https://x.com/HedgieMarkets/status/1999170314580746623?s=20
  4. Lindell goes for Governor. https://x.com/realMikeLindell/status/1999191330829009327?s=20
  5. Honduran election dispute. https://x.com/SalvaPresidente/status/1998955182277722383?s=20

*Bonus: Foster kids helped. https://x.com/MAHA_Action/status/1999241337745670236?s=20

B.    DEEP DIVE: RUSSIA-US Reasons for Alliance

  1. Tucker: Russia-US natural allies. https://x.com/AFpost/status/1998968887724183834?s=20
  2. Russia: world’s richest resources. https://www.visualcapitalist.com/ranked-top-10-countries-by-value-of-all-their-natural-resources/
  3. Russia: world’s largest country. https://x.com/World_Insights1/status/1999029803458965765?s=20
  4. Russia: world’s largest nuclear arsenal. https://www.icanw.org/nuclear_arsenals
  5. Russia’s GDP replaced Europe. https://x.com/IslanderWORLD/status/1978510171589513504?s=20

*Bonus: Russia’s traditional culture. https://x.com/MyLordBebo/status/1998812811171082739?s=20

C.   HOMEWORK: Cases in Controversy

  1. SCOTUS: Trump authority over bureaucracy. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/25-332_7lhn.pdf
  2. SCOTUS: campaign spending limits. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-621_q86b.pdf
  3. SCOTUS: sentencing the disabled. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-872_b07d.pdf
  4. SCOTUS: Covid immunity limits. https://www.supremecourt.gov/opinions/25pdf/25-180_8m59.pdf
  5. SCOTUS: Bondi defends Whitmer Fednapping convictions. https://www.supremecourt.gov/DocketPDF/25/25-5249/387036/20251210183835177_Croft_Opp_12.10.pdf
  6. Courts extend special protection to Maryland Man. https://www.courthousenews.com/wp-content/uploads/2025/12/paula-xinis-grants-abrego-garcia-tro-block-rearrest.pdf
  7. Share Ryan v. Crenshaw. https://x.com/ShawnRyan762/status/1999554231842349564?s=20
  8. Pipe Bomber Patsy. https://x.com/RepThomasMassie/status/1999541341466866022?s=20
  9. Big Tech contempt. https://www.courthousenews.com/wp-content/uploads/2025/12/epic-games-vs-apple-ninth-circuit-opinion.pdf
  10. Pentagon wins trans ban. https://www.courthousenews.com/wp-content/uploads/2025/12/dc-circuit-trans-soldier-ban-opinion.pdf
  11. Russia Euroclear Arbitration possibilities. https://share.google/FdKIPKgvLfEeJXsUz & https://investmentpolicy.unctad.org/international-investment-agreements/treaties/bit/3645/belgium-luxembourg---russian-federation-bit-1989-
  12. Doctor liability for patient’s drugs. https://www.courthousenews.com/wp-content/uploads/2025/12/oregon-supreme-court-cyclist-doctor-liability.pdf

*Bonus: Ferrari Tennessee tax case up in flames. https://www.roadandtrack.com/news/a69556804/whistlindiesel-tennessee-allegations-ferrari-tax-evasion/

**Bonus: Class Action AI in Healthcare. https://www.fisherphillips.com/en/news-insights/new-class-action-targets-healthcare-ai-recordings.html

***Bonus: What does AI own? https://www.commonplace.org/p/matthew-b-crawford-ownership-of-the

III.  CLOSING ARGUMENT: Masterclass -- The Constitution Article I, The Power of the Purse

  • The first power of the purse the Constitution affords the legislative branch of government in Article I is the power to pay themselves, as section 6 of Article 1 provides: “The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.” 
  • The second power of the purse is Article I's most controversial and most consequential: the power to tax and the power to borrow, or, colloquially, the power to “raise Revenue” in section 7. The mechanism for “raising revenue” shall be by legislation that “shall originate in the House” and then be concurred with by the Senate. The power finds explicit enumeration in Section 8: lay taxes; collect taxes; lay duties; collect duties; lay imposts; collect imposts; law excises; collect excises; pay debts; borrow money on credit of the US; coin Money; regulate the value of Money; regulate the value of foreign Coin; fix weights and measures; appropriate money to support Armies (capped at 2 years); provide and maintain a Navy; provide for arming the Militia; and the broad “necessary and proper” catchall in Section 8. The power of the purse finds further enumerated restrictions within Section 1 itself, though subsequent Constitutional provisions could further constrain and restrain the power of the Purse: section 8’s requirement that all “duties, imposts and excises” must be “uniform”; section 9’s prohibiting a tax on importation of people capped at $10 per person; prohibiting any tax that constitutes a bill of attainder or ex post facto law; no direct tax unless apportioned amongst the states; no tax on exports; no port-preferential tax; and no money spent that is not “in consequence of appropriations made by law”. 
  • The Sixteenth Amendment clarified one key aspect of the power of the Purse: enumerating Congress “power to tax” including the power to “law and collect taxes on incomes” regardless of “whatever source derived” without requiring apportionment. This removal-of-the-source rule was later interpreted to be a Congressional reversal by Constitutional Amendment of the Pollock decision of 1896, and enshrining the dissenting opinion as the authoritative interpretation of the power of the Purse in the court’s Brushaber decision by the dissenting Pollock Judge turned Brushaber Chief Judge White. White would treat any tax on income as an indirect tax, and decided that’s all that the 16th Amendment authorized, codifying his 1896 dissent into the Constitution in 1913.  White used the 1794 Carriage Tax Act to claim a direct tax was a tax on an object whereas an indirect tax was a tax on use, effectively affording a broad power to tax “incomes” as long as the subject of the tax was the gain severed from the source rather than a tax on existing or ownership.  The absent clarity from the court enabled Congress to evade ever defining income itself subject to tax since 1916. 
  • This power of the purse exceeded that intended by many in the founding generation, as the Articles of Confederation did not authorize such centralized, federalized power to begin with, and the anti-federalists proved prescient in their warning against the bond-holding elite that packed the text-writing segments of the Constitutional Convention, as well detailed in Charles Beard’s Economic History of the Constitution. https://cdn.mises.org/11_1_6_0.pdf#:~:text=The%20Antifederalists'%20fundamental%20and%20most%20enduring%20objection,in%20nearly%20all%20of%20the%20Antifederalist%20writings.
  • As one of that generation, known only as Federal Farmer, forewarned: “The only semblance of a check is the negative power of not re-electing them. This, sir, is but a feeble barrier, when their personal interest, their ambition and avarice, come to be put in contrast with the happiness of the people. All checks founded on anything but self-love, will not avail.” 
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The Barnes Brief: Weekend of March 13, 2026

I. INTRODUCTION

**Alert: Amos Miller Special Dinner Fundraiser: https://vivabarneslaw.locals.com/post/7756876/1776-law-center-fundraiser-birthday-bash-at-amos-millers

A. Art of the Week

  • From a board member, this photo captures a place I want to someday retreat to — out in the woods, with a wood fireplace inside & out, in a cozy cabin that embraces its surroundings while escaping the busy, busy world of concrete interiors and crowd-field valleys between mountainous walls of sky-rising office towers and condos. A place to be still with nature and within it while outside its colder embrace. 

B. Recommendation of the Week

C. Wisdom of the Week

  • "My apprehension is traceable, too, to a belief that our republic has begun to retrace, step by step, the march of folly that led to the fall of the British and every other great empire.” Pat Buchanan, 1999.  

D. Appearances

II. THE EVIDENCE

*NOTE: A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Curated Weekly Articles

  1. Myth of EU Military. https://eventsinukraine.substack.com/p/eu-weapons-complex-rises
  2. Populists oppose the war. https://x.com/PatrickBashamDI/status/2032186099804651697?s=20
  3. Trouble in private credit markets. https://www.aol.com/veteran-fund-manager-george-noble-093001166.html
  4. Cuba next? https://www.usatoday.com/story/news/world/2026/03/13/cuba-confirms-talks-trump-economic-deal/89132765007/
  5. SAVE Act struggles. https://spectator.com/article/trump-defeat-senate-republicans-save-act/?edition=us&rcp=true

 *Bonus: Rescuing sloths.

B. Best of the Board: Five Fantastic Posts of the Week

  1. Tennessee toward top of move-in list. https://vivabarneslaw.locals.com/post/7764685/title
  2. Truth. https://vivabarneslaw.locals.com/post/7764970/they-had-a-golden-opportunity-squandered-to-do-the-bidding-of-another-country
  3. Humor. https://vivabarneslaw.locals.com/post/7764477/been-there
  4. Epstein as global framing. https://vivabarneslaw.locals.com/post/7765282/title
  5. Mematic truth. https://vivabarneslaw.locals.com/post/7764927/title

*Bonus: Spooky day. https://vivabarneslaw.locals.com/post/7765058/title

C. Homework: Cases of the Week for Sunday

  1. Antitrust settlement controversy. https://prospect.org/2026/03/09/live-nation-settlement-spurs-chaos-in-court/
  2. Social media to jury. https://courthousenews.com/landmark-social-media-addiction-trial-heads-to-jury/
  3. Israel lets war criminals walk. https://x.com/TRHLofficial/status/2032256539830972614?s=20
  4. Israel at ICJ. https://www.courthousenews.com/wp-content/uploads/2026/03/united-states-declaration-of-intervention-genocide-in-the-gaza-strip-icj.pdf.pdf
  5. Torture verdict. https://www.ca4.uscourts.gov/opinions/251043.P.pdf
  6. Judges protect DEI. https://www.courthousenews.com/wp-content/uploads/2026/03/institute-for-applied-ecology-v-burgum-opinion-dei-grants.pdf
  7. Online risks to kids. https://www.courthousenews.com/wp-content/uploads/2026/03/netchoice-vs-bonta-opinion.pdf
  8. Richins murder trial. https://www.fox13now.com/news/crime/kouri-richins-defense-team-surprisingly-rests-case-without-calling-single-witness
  9. Qui Tam win over Pharma fraud. https://www.ca4.uscourts.gov/opinions/241793.P.pdf
  10. Necessary parties. https://www.ca4.uscourts.gov/opinions/232316.P.pdf
  11. Trans care mandates. https://fingfx.thomsonreuters.com/gfx/legaldocs/movaokabwva/USA_HEALTH_TRANSGENDER_WESTVIRGINIA.pdf
  12. 1st Amendment in schools. https://www.courthousenews.com/wp-content/uploads/2026/03/BB-Capistrano-Unified-ninth-circuit-opinion.pdf

*Bonus: Italy court affirms citizenship limits. https://www.cortecostituzionale.it/uploads/release/69b2adc90cb9b.pdf?fbclid=IwY2xjawQgK8hleHRuA2FlbQIxMABicmlkETF0UG41c3M1aWhsTHZ4U1lyc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHhvXqFDR4BGvMTH3XKnxYxpQ-KxzoZCTGOtJDHeTDemH3z9pPKTgaJtL2dME_aem_rFeIHB6Nrrwte1UJXunMPA

**Bonus: Limits of Anti-SLAPP. https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20W2022-01636-SC-R11-CV.pdf

***Bonus: EV Mandate. https://www.courthousenews.com/wp-content/uploads/2026/03/trump-california-ev-mandate-complaint.pdf

D. Deep Dive: Iran War Risks

  1. $50B more for Iran War. https://debtdispatch.substack.com/p/5-reasons-the-us-should-not-spend
  2. Battle of weapons attrition. https://mrandrewfox.substack.com/p/the-iran-war-is-now-an-ammunition
  3. Epic Folly? https://richardhaass.substack.com/p/epic-folly-march-12-2026
  4. China? https://greenwald.substack.com/p/iran-war-supporters-invent-a-new
  5. Nukes? https://sonar21.com/should-iran-build-a-nuke-game-theory-says-yes/

*Bonus: Chess strategy needed. https://fallows.substack.com/p/the-arrogance-of-ignorance

III. CLOSING ARGUMENT: Article I, Defining War Crimes 

  • Two sources in the Constitution provide the power to Congress to define war crimes. 
  • First, Section 8 of Article I provides three separate sources of legislative authority, as Congress is a body of only defined, express powers, not inferred, implicit or broad powers. Article 1, Section 8 provides that Congress “shall have Power” to “define and punish Piracies and Felonies on the high Seas, and Offences against the Law of Nations”; “to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”; “to make Rules for the government and Regulation of the land and Naval forces.”
  • Second, the Congress enjoys the power to enforce Treaties. Article VI provides “all Treaties made, and which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.” 
  • The phrase “the Law of Nations” derives from a popular scholastic legal work in many a library of the Founding generation entitled: The Law of Nations, or Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns” by Emmerich de Vattel, published in 1758. Today, we know it by another name: international customs and law. 
  • First, Vattel’s Law of Nations recognized war as illegal, and any actions taken in its kinetic course and conduct, as a crime against the law of nations whenever it is fought for reasons other than self-defense and securing essential rights of sovereignty, and even then, only after meaningful sincere diplomatic and peaceful efforts fail. This was colloquially called Just War, influenced by the Catholic intellectual tradition especially. 
  • Second, Vattel’s Law of Nations required moderation, sparing civilians, treating prisoners with humanity, and especially prohibited denying quarter to those who have not violated the laws of war. 
  • The early Congresses recognized their obligations to declare war by authorizing conflict with France, the Barbary pirates, and American tribes on the frontier. Presidents Washington, Adams and Jefferson all recognized their requirement for Congressional authorization to initiate force against foreign adversaries. 
  • The very first Congress also accepted this Constitutional authorization and included the law of nations violations in its first Judiciary Act of 1789. The very first criminal prosecution ever in federal courts enforced these Law of Nations against Gideon Henfield for violating America’s neutrality in the British-French wars at the time. Chief Justice Jay identified the source of law for the prosecution: the Law of Nations, which Congress gave the courts the power to enforce under the Judiciary Act of 1789. 
  • Treaties signed by the President and affirmed by the requisite vote in the Senate governing conduct in kinetic conflicts include: the Geneva Convention; The Hague Conventions; and the Pact of Paris of 1928. Congress codified several of the precepts and principles from these treaties and conventions into federal statutory criminal law, such as section 2441 of Title 18 of the United States Code, which include the death penalty as a possible sentence. 
  • The key criminal prohibitions for grave violations of these treaties and the Law of Nations, include: torture; curly or inhumanity toward anyone in custody or control; biological experiments; and murder, mutilation, maiming, or serious bodily injury in violations of the law of war, including harm to anyone “taking no active part in the hostilities” which include those “out of combat” for any reason, such as the injuries, detained or “any other cause.” The law excludes Antone harmed from “collateral damage” or “lawful attack.” 
  • Thus, the Law of Nations still guides American law, as it has from the founding the of the nation, and expressly referenced within the explicit powers of Congress to enforce, be it by treaty or particular statute, or simply judicial authority to prosecute or punish. 
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The Barnes Brief: Weekend of March 6, 2026

I. INTRODUCTION

A. Art of the Week

  • Roulette wheel, around, around she goes, and where she ends, nobody knows. A line from a film favorite, The Good Thief. Einstein said it could only be beat in infinity, but as the character says in the film — Einstein didn’t believe in luck. The only game of chance I ever care to play, following the wisdom of my former client and old friend, Wesley Snipes: always bet on black. Let luck be a lady, and not abandon us yet. 

B. Recommendation of the Week

C. Wisdom of the Week

  • “If wars can be started by lies, then peace can be started by truth.” Julian Assange. 

D. Appearances

II. THE EVIDENCE 

A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Curated Weekly Articles of Interest

  1. Trump kills MAGA. https://www.theamericanconservative.com/the-iran-war-has-ended-the-trump-coalition/
  2. Corny Cornyn. https://thefederalist.com/2026/03/05/10-times-john-cornyn-betrayed-trump-and-maga/
  3. Divorce Israel. https://prospect.org/2026/03/05/israel-america-alliance-iran-war-trump-rubio-netanyahu/
  4. Bye-bye One-Eyed McCain. https://unherd.com/newsroom/dan-crenshaw-lost-maga-voters-a-long-time-ago/?edition=us
  5. Delusions in Arabia. https://unherd.com/watch-listen/iran-strikes-expose-israels-permanent-war-doctrine/?edition=us

 *Bonus: Super Honey. https://www.goodnewsnetwork.org/scientists-make-a-super-honey-using-cocoa-bean-waste-for-chocolatey-heart-healthy-jolt/

B. Best of the Board: Five Fantastic Posts of the Week

  1. Wisdom. https://vivabarneslaw.locals.com/post/7745503/here-s-the-simple-calculus-1-if-you-can-t-question-it-it-s-a-psyop-2-if-they-call-you
  2. Art every day. https://vivabarneslaw.locals.com/post/7745081/title
  3. Proverb. https://vivabarneslaw.locals.com/post/7745312/my-conclusion-is-revolution-from-above-only-benefits-those-above
  4. Prayers. https://vivabarneslaw.locals.com/post/7744953/daily-morning-prayer-o-heavenly-father-forgive-us-of-our-sins-and-trespasses-give-president-trump
  5. Said it as well as anyone could. https://vivabarneslaw.locals.com/post/7744989/robertbarnes-epic-fury-nah-more-like-epic-frustration

*Bonus: Chase Hughes truth. https://vivabarneslaw.locals.com/post/7742399/great-quote-by-chase-hughes

C. Homework: Cases of the Week for Sunday

  1. SCOTUS: Asylum review. https://www.supremecourt.gov/opinions/25pdf/24-777_9ol1.pdf
  2. SCOTUS: State immunity. https://www.supremecourt.gov/opinions/25pdf/24-1021_p860.pdf
  3. SCOTUS: Trans disclosures. https://www.supremecourt.gov/opinions/25pdf/24-1021_p860.pdf
  4. Massie’s Iran War Resolution. https://www.congress.gov/bill/119th-congress/house-concurrent-resolution/38/text
  5. Trump tariffs challenged. https://www.courthousenews.com/wp-content/uploads/2026/03/dem-attorneys-general-sue-trump-tariffs-complaint.pdf
  6. Noem out. https://x.com/lukerosiak/status/2029613423592452409?s=20
  7. 9th Circuit affirms Trump on refugees. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/05/25-1939.pdf
  8. 9th Circuit affirms judicial limits on immigration review. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/05/24-4137.pdf
  9. Meta’s not so private glasses. https://www.courthousenews.com/wp-content/uploads/2026/03/bartone-vs-meta-complaint.pdf
  10. Tik Tok sale contested. https://www.courthousenews.com/wp-content/uploads/2026/03/public-integrity-project-tiktok-us-assets-sale-lawsuit-dc-circuit.pdf
  11. Win Against DEI. https://www.campusreform.org/article/judge-blocks-california-dei-speech-mandate/29494
  12. Zoning & county authority. https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20M2022-01562-SC-R11-CV.pdf.

*Bonus: Psychic fortune telling turns sour. https://www.insidehighered.com/news/quick-takes/2026/03/04/professor-accused-murder-tiktoker-awarded-10m

**Bonus: Uber loses. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/04/25-228.pdf

***Bonus: Not so honest sleep gummies. https://www.courthousenews.com/wp-content/uploads/2026/03/perkins-procter-ruling-030526.pdf

III. CLOSING ARGUMENT: The SAVE Act Is Constitutional

  • Article I, Section 3 of the Constitution provides for Congress to regulate Congressional elections, providing that the times, places and manner for holding state rules governing such elections to federal legislative office  “may at any time by law” be altered by Congress. 
  • Article IV, Section 2 provides that citizens of each state must be entitled all the privileges and immunities of citizens in the several states, while Article IV, Section 4 requires the federal government to”guarantee to every state” a “republican form of government.” 
  • Amendment XIV recognizes “the right to vote” for “citizens of the United States,” with Section 5 giving Congress the power to enforce.  
  • Amendment XV recognizes the “right of citizens of the United States to vote”, again affording Congress the power to enforce. 
  • Amendment XIX recognize again “the right of citizens of the United States to vote” and provides Congress the power to enforce.  
  • Amendment XXIV again reinforces “the right of citizens of the United States to vote” with Congress afforded power to enforce. 
  • Amendment XXVI again reinforces “the right of the citizens of the United States to vote” with Congress empowered to enforce. 
  • The Safeguard American Voter Eligibility Act, the so-called SAVE Act, enforces these Constitutional protections and legislative powers. 
  • First, the SAVE Act does not purport to govern anything other than federal elections. 
  • Second, the SAVE Act focuses on limiting voting to “the citizens of the United States” with documentary proof required.
  • As such, the SAVE Act simply enforces the Constitutional protections for citizens the right to vote by assuring their vote isn’t diluted by non-citizens. 
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The Barnes Brief: Friday, February 27, 2026

I. INTRODUCTION

 

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