Democracy and Distrust

Dec 11, 2012

The Nine Unwritten Constitutional Lives of Akhil Reed Amar

Blog Post
by Lino A. Graglia / 1 Comment

Filed Under: Akhil Reed Amar, America's Unwritten Constitution, Democracy and Distrust, John Hart Ely, John Marshall, Judicial Review, Lino Graglia, Marbury v. Madison, Originalism, Substantive Due Process

The central question of constitutional law is the role of the Supreme Court in our system of government. Yale law professor Akhil Reed Amar’s America’s Unwritten Constitution: The Precedents and Principles We Live By argues for a role even more …

Jul 15, 2012

Democracy, Distrust, and the Republican Form of Government

Blog Post
by Tom Christina / 0 Comments

Filed Under: Accountability, Deborah H. Merritt. Justice O'Connor, Democracy and Distrust, Full Faith and Credit Clause, John Hart Ely, Joseph Story, Justice Blackmun, Luther v. Borden, Madison, Marbury v, Monarchy, New York v. United States, Pacific States Telephone & Telegraph Co. v. Oregon, Roe v. Wade, Shay's Rebellion, Sovereignty, The Guaranty Clause, The Warren Court, Titles of Nobility

This post consists of two parts: (1) thoughts prompted by re-reading John Hart Ely’s Democracy and Distrust; and (2) something resembling a meditation on the Guaranty Clause. As the reader will see, I am not able to articulate the …