Does This Government Deserve Continuity?

A Justice Department attorney casually remarked to Judicial Watch’s president Tom Fitton that the “Lois Lerner e-mails” that provide crucial evidence of the U.S. government’s effort to suppress conservative political activity probably survived efforts to destroy them because “the federal government backs up all computer records to ensure the continuity of government in event of…

A Cheer or a Bronx Cheer for the Fed?

In the financial crisis of 2007 through 2009, the Federal Reserve expanded its balance sheet to finance the bust, just…

The Drafters and the Ratifiers

It is sometimes said that the ratifiers of the Constitution should count more in determining its original meaning than the…

From the Blog

Mike Rappaport
University of San Diego School of Law

The Drafters and the Ratifiers

It is sometimes said that the ratifiers of the Constitution should count more in determining…

Patrick Allitt

I was pleasantly surprised to see this new podcast with Patrick Allitt.  I know Professor…

Replicating Experiments in the Social Sciences

Slate recently had an interesting article discussing the issue of replication of findings from experiments…

John O. McGinnis
Northwestern University School of Law

The New Old Nobility

Aristocrats in the eighteenth and nineteenth centuries held tradesmen in contempt.  Although aristocrats recognized that…

The Conflict between Obama’s Immigration and Economic Policies

President Obama would like to legalize the vast majority of immigrants who came into this…

The Constitution as Law Nested in Other Law

I am late to the party discussing whether the Constitution is best understand through the…

Philip Hamburger
Columbia Law School

The SEC and the Cascade of Evasions

A recent WSJ editorial, The SEC as Prosecutor and Judge, comments on the SEC’s hints that…

Chevron, Independent Judgment, and Systematic Bias

  The recent circuit court decision in Halbig v. Sebelius has exposed doubts about Chevron deference,…

From Prerogative to Administrative Power

My new book, Is Administrative Law Unlawful?, argues that administrative power revives prerogative power. This…

Liberty Law Forum

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Freedom of Religion and the Freedom of the Church

It is widely accepted—in American law, in other countries’ laws, and in human-rights law generally—that “freedom of religion” is fundamental and that it should be protected, respected, and promoted. The Universal Declaration of Human Rights of 1948, for example, called on all political communities to “promote respect” for the right to religious freedom and to…

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Responses

Freedom of the Church Not Freedom of Religion

I have long benefitted from Professor Garnett’s work in the area of law and religion. Given the sometimes contentious climate in and out of the academy, it is worth highlighting the tone of his writing as well as its substance. Both are admirable. One of Professor Garnett’s core scholarly pursuits has been to argue for a…

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Negotiating the Freedom of the Church

One of the challenges in commenting on Rick Garnett’s essay is that I think his deeply thoughtful and measured analysis is basically right on target. If we are going to take individuals’ freedom of religion seriously, we need take into account the importance of their religious communities. Exactly what that means is, unfortunately, hard to…

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With Non-Interference Comes Responsibility

Richard Garnett’s Liberty Forum essay argues eloquently for the importance of institutional religious freedom in our system of government and our broader society. As Garnett writes, some form of institutional religious liberty, or “freedom of the church,” is an “old but still important idea.” It’s an idea, moreover, that in one form or another has…

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