Whining About Article III

The latest tract by Erwin Chemerinsky, liberal law professor and dean of the University of California at Irvine School of Law, is depressingly familiar. Like his Enhancing Government: Federalism for the 21st Century (2008), The Conservative Assault on the Constitution (2011), and The Case Against the Supreme Court (2014), his new book is a diatribe…

Will Blaine’s Descendants Finally Be Disinherited?

In his magisterial Separation of Church and State (2002), Philip Hamburger demonstrates that anti-Catholic animus contributed significantly to the post-Civil War…

Originalism and the Future of Religious Freedom

For historians seeking the original meaning of the Fourteenth Amendment, few issues are trickier than the question of national religious…

From the Blog

James R. Rogers
Texas A&M University

Liberty, Licentiousness, and the Pursuit of Happiness

The Declaration of Independence famously affirms inalienable rights to life, liberty, and the pursuit of…

The Filibuster – Meh

Debates over government practices and processes in the U.S., like the Senate’s filibuster, typically come…

God Talk and Americans’ Belief in Inalienable Rights

I posted earlier this week regarding whether Americans still believe the Declaration of Independence’s affirmation…

John O. McGinnis
Northwestern University School of Law

Diversity Policies Favoring Minorities and Women Create Less Ideological Diversity

Professors at law schools are overwhelming left-liberal, as I made clear in a 2005 study published…

A Tale of Two Nations and Economic Freedom

The New York Times ran two stories within two days about two very different nations.…

The New Retirement Calculus of Justices

The new politics of Supreme Court confirmations  substantially affects the retirement calculus for justices. The…

Mike Rappaport
University of San Diego School of Law

Historians and Originalists Part II: The Adequacy of Originalist Scholarship

In a prior post, I discussed some of the disagreements between historians and originalists.  I…

North Korea and the Qaddafi Double Cross

With the Trump Administration engaged in a soft conflict with North Korea, it is worth…

The Constitution, Liquidation, and Originalism

Richard Reinsch, editor of this site, has written an interesting piece entitled The Liquid Constitution. …

Liberty Law Forum

John Lilburne reading from Coke's Institutes at his trial for treason (c.1649).

Why Freedom Is a Legal Concept

The king will have a copy of the law written for him . . . It will remain with him and he will read it all his life . . . to observe faithfully all the words of the law. –Deuteronomy 17:18-19 You shall not render an unfair decision: do not favor the poor or show…

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Responses

The Rule of (Pluralistic) Laws

Steven Grosby’s rich Liberty Forum essay combines, as his writing always does, a sensitivity to history with a careful attention to theoretical problems. I am tempted to engage him on the terrain of history, in the hope of prompting still more from him on the Middle Ages; were I just a listener, that is what…

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The Rule of Law and the Rule of Reason

Steven Grosby’s essay is an excellent contribution on the formal and procedural elements that must be upheld to maintain the rule of law. Grosby’s essay, however, invites us to unpack what kind of “reason” is inherent in law and to ask what it means for law “to rule.” The 13th century theologian and philosopher Thomas…

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