A section of the Trans-Alaska oil pipeline

Energy in the Executive

Donald Trump’s extraordinary election has upended established expectations for the political agenda in every area, and nowhere is that more true than with climate and energy policy. Where will Trump and his team come down on climate? There is fevered speculation across the spectrum, with predictions ranging from Armageddon to salvation, but the truth is…

Mad Dog Mattis, the 7 Year Delay Provision, and the Appointments Clause

President Elect Donald Trump has announced that he will be nominating James “Mad Dog” Mattis to be Secretary of Defense. …

The Constitutionalism of Crony Capitalism

As bad as the economics of the Carrier shakedown may be—and it is entirely unclear in which direction the shaking…

From the Blog

Kevin Walsh
University of Richmond School of Law

Are You My Constitutional Law?

One of the questions I had when I became a professor of law was “What…

The Falsifiable Justice Kennedy

The Green Bag’s most recent Micro-Symposium is worth checking out. My favorite piece is Jonathan Mermin’s…

John O. McGinnis
Northwestern University School of Law

Trump versus The Bureaucracy

After President-Elect Trump announced that he would separate himself from his business, the tweeter feed…

Trump’s First Achievement: Making Obama Not Great

One way of understanding American history is as a struggle between consequential Presidents who expand…

Scalia’s Successor Needs His Virtues

In addition to a commitment to enforcing the Constitution as written, the successor to Justice…

Mike Rappaport
University of San Diego School of Law

Mad Dog Mattis, the 7 Year Delay Provision, and the Appointments Clause

President Elect Donald Trump has announced that he will be nominating James “Mad Dog” Mattis…

What Can Happen in a Month

I took a break from blogging a month ago, and the world has changed tremendously. …

My November Break

I just wanted to let people know that I am not blogging during the month…

Liberty Law Forum

A statue of Thomas Jefferson includes this figure holding a tablet bearing several names that different belief systems have for a higher power, titled “Religious Freedom, 1786.”

Freedom of, Freedom for, and Freedom from Religion: The Contested Character of Religious Freedom in America

Americans are discussing the topic of “religious freedom” quite a lot these days, which might give us the impression that religious freedom is one fixed thing. Or perhaps some would say it used to be one thing but has become something else since the time of the Founding. This Liberty Forum essay will argue that…

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Responses

Religious Liberty After John Locke

The central point of Michael Zuckert’s Liberty Forum essay is that contemporary disputes about religious liberty should not come as a surprise, since they are the result of three contrary, though sometimes overlapping, understandings of religious liberty that have been found in the body politic in differing degrees since the American Founding. He classifies these…

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The Paradox of Jefferson’s “Establishment of Religious Liberty” and the Problem of the Administrative State

Michael Zuckert’s Liberty Forum essay is a great introduction to religious liberty as it is discussed in America today, and provides a useful analytical framework to understand the tensions and controversies we face with regard to religious liberty, and perhaps liberty more generally. He strikes me as on the mark in his conclusion that religious…

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Religious Freedom Can Now Mean Only: Freedom for Religion

Michael Zuckert’s Liberty Forum essay does an excellent job of bringing to light ambiguities and tensions that have always been present in the notion of religious freedom. He is certainly right that there is no Pure Theory of Religious Freedom, which, if only we can grasp it and make it universally accepted, would resolve all…

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