Editing Fourth Amendment US Constitution Marker

Dysfunctional Constitutional Reform

To review Stephen M. Griffin’s new book, Broken Trust: Dysfunctional Government and Constitutional Reform, is to envy his comfortable life within the academic university cocoon, a place where dissenting views fall safely within a very narrow range of well-mannered and moderate Progressive reasonableness. Setting out to explain today’s concerns about dysfunctional government, the author, a law professor…

The Jurisprudence of Multiculturalism is a Jurisprudence of Obfuscation

Ours has become a multicultural society, but despite this, or more likely because of it, the areas of social policy…

The Mau-Mauing of Justice Kennedy

The cowardice of Fisher II suggests that Justice Anthony Kennedy fears another confrontation by the “Wise Latina.” Justice Anthony Kennedy’s milquetoast…

From the Blog

Mike Rappaport
University of San Diego School of Law

National Referenda and the U.S. Constitution

One interesting aspect of the Brexit decision was that it involved a legally nonbinding referendum.…

Starvation and Socialism in Venezuela

I don't often complain about the bias in New York Times stories -- since it…

Originalism and the Second Amendment

I thought I would weigh in on the dispute between Mike Ramsey and Chris Green…

John O. McGinnis
Northwestern University School of Law

The Jurisprudence of Multiculturalism is a Jurisprudence of Obfuscation

Ours has become a multicultural society, but despite this, or more likely because of it,…

A Separation of Powers Jurisprudence that Aggrandizes Judicial Power

The National Constitution Center is doing a series of essays on the provisions of the…

The Jurisprudence of Empathy Bursts the Bounds of Proper Procedure

Previously Justice Sonia Sotomayor has allowed her jurisprudence of empathy to distort clear constitutional and…

Michael S. Greve
George Mason University Law School

This Realm, This England

I sure hope the Brits vote “Leave” on June 23. That would be the first…

Net Loss: D.C. Circuit Upholds FCC “Net Neutrality” Rule

In a momentous decision, a panel of the D.C. Circuit (Judges Srinivasan, Tatel, and Williams;…

Puerto Rico: The Process Works, So Far

In a 5-2 decision in Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust (Justice…

Liberty Law Forum

Hands raising money - United States dollar (USD) banknotes

The Case for More Money in Politics

Should a democracy, in the name of combatting political corruption, and in the name of equal participation in politics, regulate the formation of political opinions—or should it be guided by the principle of the free formation of opinion that emerges spontaneously in society? The phrase “campaign-finance reform” assumes a premise: that the way American political campaigns…

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Responses

Campaign-Finance Law, the State of Nature, and the Nirvana Fallacy

One cannot fault Professor Derek Muller, whose work I admire and respect, for taking a hard libertarian line against campaign-finance regulation in his Liberty Forum essay. After all, that misguided approach is built into the prompt of the question posed by Law and Liberty’s editors: “Should a democracy through concerns about corruption in politics and equality…

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A Natural Right with Naturally Unequal Consequences

I am in strong agreement with the Derek Muller’s opposition to Progressive ideas to reform laws relating to campaign speech. He is particularly eloquent on why the Framers believed that limiting government was the best route to eliminating political corruption—the opposite of the Progressive agenda, which seeks to expand the state. We can build on his…

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The End of the Great Compromise

Constitutions are more than struggles over meaning or changing social values as interpreted by judges. Constitutions are part of larger political struggles and reflect that conflicts and compromises in those larger fights. The conflicts of the New Deal ended with a compromise—one that promised an open political process in lieu of constitutional protections for the…

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Speech Equality’s Crushing Weight: Derek Muller Replies

It was a privilege to participate in this month’s Liberty Law Forum. I am deeply grateful for the opportunity to contribute the lead essay, “The Case for More Money in Politics,” and I am humbled at the thoughtful commentary provided by Professors Rick Hasen and John McGinnis, and by John Samples, all of whose opinions…

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