The Very Definition of Tyranny

It is a close contest which recent assertion of executive authority crowns the rest, but the Administration’s potential skirting of the Senate’s treaty power in negotiating an international agreement on climate change ranks high in the running. The Constitution’s explicit partnering of the Presidency and the Senate in binding the nation in global agreements, combined…

Hobby Lobby without God

Ronald Dworkin’s posthumously published Religion without God could instead have been called Law without Religion. The book is founded in a great hope:…

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 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…

Justice Sutherland’s Uncertain Trumpet

I still remember the thrill of reading Justice George Sutherland’s dissent in Home Building Loan…

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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