Michael S. Greve Website

Michael S. Greve is a professor at George Mason University School of Law. From 2000 to August, 2012, Professor Greve was the John G. Searle Scholar at the American Enterprise Institute, where he remains a visiting scholar. His most recent book is The Upside-Down Constitution (Harvard University Press, 2012).

Where Have All the Start-Ups Gone?

closed shop with padlock

Robert Samuelson, in his columns for the Washington Post, has done wonders in explaining stuff to econ idiots like yours truly. Lately, he has called attention to the economy’s lousy productivity growth (we’ve been puttering along at 0.9 annual growth) and the striking decline in U.S. entrepreneurship, as measured (principally) by business formation.Those trends are closely associated, and neither is explained by the great recession. What’s happening?

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Deferred Action for Federal Government Accountability

immigration

DAPA—short for the clunky “Deferred Action for Parental Accountability,” or maybe “Parents of Americans” (I’ve seen both titles)—is the Obama administration’s 2014 policy seeking to defer the deportations of roughly 4 million aliens who are the parents of citizen children or permanent residents. About half the states, led by Texas, filed suit to block the program. In February, U.S. District Judge Andrew S. Hanen issued a preliminary (and nation-wide) injunction against the implementation of the program. Yesterday (April 7), Judge Hanen refused to lift the injunction and, on the occasion, expressed his annoyance with the government’s “misconduct.” 

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Indiana Wants Me, or Maybe Not

I just returned from a speaking engagement with the National Association of Attorneys General (Midwestern) in Indianapolis. The city used to be a dump; now it’s thriving. (In these pre-Final Four days, it’s the place to be.) The NAAG event was tremendous: it’s a shame they don’t transcribe or podcast the discussions. The panelists (yours truly included) yell at each other on the blogs but lo, they’re actually is a trans-party, Yale-to-GMU constituency for the rule of law—and they meet in a hotel room and learn from each other. The NAAG’s Dan Schweitzer, who called this thing together, is a…

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Con “Law” Theory, New Haven-Style

Word cloud for Dual federalism

Yale law professor Heather K. Gerken is among the country’s most prolific and creative federalism scholars. In cooperation with two co-authors (Ari Holtzblatt and James T. Dawson—hereinafter, “Gerken & Co”) she has embarked on a project to develop a theory of “The Political Safeguards of Horizontal Federalism.”

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Elizabeth Warren’s World, and Mine

Federal Reserve Hearing

Some time ago in these pages I’ve expressed my grudging admiration for my native country’s Weberian, bureaucratic legalism.  The years I spent under that system should give me an advantage in a bureaucratizing America that’s still trying to domesticate latter-day cowboys. Nope.  American-style bureaucracy is way more suffocating, stupid, and sinister.

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No to Common Core, Yes to State Competition in Education

There’s been some good writing on Common Core—e.g. by Richard Reinsch on this site and by my ex-colleague Rick Hess in National Affairs.  And there’s been a lot of hyperventilation over it, mostly in connection with de facto presidential contender Jeb Bush’s “doubling down” on his support for Common Core: can he really be a conservative? Isn’t Common Core a liberal conspiracy, hatched in D.C. to take over local schools? Etc. What’s been missing is the voice of a true education expert: me.

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Stan Evans, RIP

Stan Evans died this past week at the age of 80. Other, much closer friends have celebrated and will continue to celebrate his lasting contributions to the cause of liberty. I miss the man because he was never one for a conservative pity party; always willing and eager to go one more round; deeply serious and at the same time hilarious, at hard-to-match levels. Two memories stand out: A few years ago the Philadelphia Society invited me to give a talk on (what else?) federalism. What they didn’t tell me was that Stan would introduce me. So we sit down at…

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Obamacare Meets Rudy

Yesterday’s extended argument in King v. Burwell brought moments of something bordering on joy and gratitude. The exchanges between Justice Elena Kagan and Mike Carvin, both at their very considerable best, stand out: serious questions, serious answers; obvious mutual respect. No matter whose side (if any) you’re on, that’s the way the system is supposed to operate. Give thanks when it (still) does. And then, there were moments that made your heart sink: JUSTICE SCALIA: What about Congress? You really think Congress is just going to sit there while—while all of these disastrous consequences ensue. I mean, how often have we come out…

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Trust Us, We’re the IRS

IRS

I am a faithful subscriber to the Washington Post: morning after morning, it makes for merriment. Its editorial and op-ed pages, for instance, have been given over for weeks to the regurgitation of ACA defenses cranked up in New Haven or in the PR offices of the country’s health care lobbies (interspersed with an occasional George Will column). Then yesterday, the Post (printed version) conveniently supplied a long piece detailing “Five Myths About King v. Burwell”—written by a pro-ACA advocate in the litigation, who nonetheless earnestly professed to sort “fact from fiction” in the case. That was a good one.

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