The Rational Federalist

In The Federalist No. 51, James Madison develops a political analogue to the way Adam Smith’s “invisible hand” in the market channels self-interest to promote the public good. Akin to Smith, Madison argues that the structure of political institutions in separation-of-power systems channel ambition and self interest so that they reduce the risk of tyranny…

The Real Ruling Authority

Americans are worried about the economy and jobs, about national security and safety from terrorism, about securing healthcare, about their…

The Paranoid Style and Senator Whitehouse

Richard Hofstadter wrote a famous essay, The Paranoid Style in American Politics. It is about the recurring tendency of our…

From the Blog

James R. Rogers
Texas A&M University

The Rational Federalist

In The Federalist No. 51, James Madison develops a political analogue to the way Adam…

Is There “Science” in “Political Science”?

The first problem with the phrase “political science” is that “science” is a god-term in…

The Dignity of Wage Labor in the Republicans’ Free Labor Ideology

Volume 2 of historian John Ashworth’s discussion in Slavery, Capitalism, and Politics in the Antebellum…

John O. McGinnis
Northwestern University School of Law

The Paranoid Style and Senator Whitehouse

Richard Hofstadter wrote a famous essay, The Paranoid Style in American Politics. It is about…

Bitcoin’s Creation of Order without Law

Modern fiat currencies depend for their value on confidence in the laws of the states…

Government Failure Makes Bitcoin Succeed

Bitcoin, the premier cybercurrency, is at an all-time high in price and an all-time low…

Mike Rappaport
University of San Diego School of Law

Gorsuch Nods

I haven’t been able to catch too much of the Gorsuch hearings, but I have…

What Was the Common Law Right to an Impartial Jury at the Time of the Constitution?

In my last post, I argued that Justice Thomas’s dissenting originalist opinion in Pena-Rodriguez v.…

The Language of the Law and Pena-Rodriguez v. Colorado

Recently, John McGinnis and I completed a paper entitled The Constitution and the Language of…

Liberty Law Forum

Sunrise behind the dome of the Capitol in DC

Congress in Search of Itself             

Christopher DeMuth had an interesting take on the election and its impact on our national institutions. In an essay for the Wall Street Journal, he wrote of the present inability of the political branches of government to function in a manner compatible with a national public good. Analyzing that failure, he pointed to what he…

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Responses

How to Put the “Most Complete and Effectual Weapon” Back in Their Hands

Indubitably, our nation’s finances are a mess. America has run deficits 36 of the past 40 years. The national debt is $18 trillion, and it has tripled as a percentage of GDP since 1974. Each February, the President rolls out his budget—a collection of tomes loaded with tables and text attempting to explain the government’s $3.7…

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More Reasons to Doubt that Separation of Powers Can Be Revived

John Marini provides an insightful commentary on Christopher Demuth’s optimistic suggestion that President Trump and the Republican Congress will be able to revive separation of powers and, by so doing, rescue us from an “autopilot government, rife with corruption and seemingly immune to incremental electoral correction” that the administrative state has created. Marini is less…

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The Real Ruling Authority

Americans are worried about the economy and jobs, about national security and safety from terrorism, about securing healthcare, about their children’s education. Lately I haven’t heard too many people talking about the problem of separation of powers. In fact, besides John Marini, Christopher DeMuth, Jonathan Turley, and a few other scholars and policy wonks, I…

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