This lengthy essay is adapted from a “Constitution Day” talk delivered at several universities over the past month. It attempts to understand the country’s current predicament in light of the Founder’s “constitutional moment.” Our problems are neither a matter of …
In this podcast, I discuss with Hadley Arkes the fundamental touchstones of our written Constitution that he contends are discovered through reason and logic in a process that goes beyond the text. In his most recent book, Constitutional Illusions and …
The interesting Paulsen-Levinson-Lund three-way reminds me of a recommendation made by Vanderbilt
law professor Suzanna Sherry a few years ago (at an AEI seminar—I don’t know if Suzanna has written it up some place): whatever you …
As usual, I find myself charmed by Mike Paulsen’s provocative style, which is on full display in The Uselessness of Constitutional Law. And, as usual, I agree with much of what he says. He is certainly right, for example, …
I agree with approximately 90% of Michael Stokes Paulsen’s remarks on the “uselessness of constitutional law,” so anyone looking for a defense of the professoriate to teach constitutional law will be sorely disappointed. That leaves the 10% difference between us, …
Why do we teach “Constitutional Law” in law schools? What is the point, really? Do we teach Constitutional Law in order to teach legal methodology and sound legal reasoning? (That question probably begs laughter.) Or is it to teach knowledge deemed essential for “citizenship” in some sense, and especially for lawyer-citizenship – kind of a “Civics for Lawyers” rationale?
Hadley Arkes’s latest work, Constitutional Illusions and Anchoring Truths: The Touchstone of the Natural Law, takes readers through a reexamination and reconsideration of both well-known and obscure constitutional cases to reach surprising and provocative insights.
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