Jeremy Rabkin

The New Deal Constitution at 75

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This past Thursday marked the 75th anniversary of two foundational New Deal decisions, handed down on Monday, April 25, 1938: Erie Railroad v. Tompkins, and United States v. Carolene Products. The American Enterprise Institute celebrated this day …

Common Law and Constitutional Exceptionalism

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The significance of James Stoner’s Forum essay on the common law, with the two responses by Hadley Arkes and John McGinnis, is made even clearer by recent events. Commentary on the sad passing of Judge Robert Bork and …