You would have thought we were watching a Mr. Smith Goes to Washington ending with the corrupt Senator shooting filibustering good guy Jimmy Stewart.
Whatever good or ill the filibluster has produced in years past, reliance on this and other
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Today’s (Sunday’s) Washington Post has a long, interesting, data-filled article documenting the astounding polarization of American politics at all levels—in Congress, between states, across electoral districts, at the county level, and among population groups that live in different universes, functionally
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In thinking and reflecting on Michael Greve’s The Upside-Down Constitution over the past year, I still agree with my initial assessment that Greve’s competitive federalism gives us an enormous understanding of so many fiscal and regulatory problems in our current
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In the third volume of Law Legislation and Liberty, Hayek argued that something was amiss with western constitutions. They have failed to contain the growth of government or prevent the encroachments of discretionary power. He thought it was time
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Some conservative commentators have decried the Windsor case as the new Roe v. Wade. As to legal doctrine, however, the case looks more like a reversal of Harris v. McRae, the Supreme Court decision (barely) upholding the constitutionality
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Scarcely any legal question arises in the United States that is not resolved, sooner or later, through arbitration. If Alexis de Tocqueville could survey contemporary American legal culture, he would rub his eyes with amazement at the privatization of adjudication
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At Bloomberg, Ramesh Ponnuru argues that in deciding the pending marriage and race cases, the Supreme Court should adopt a consistent ethic of judicial deference. Both conservatives and liberals, he explains, generally are inconsistent in their application of deference, with
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