Recently, Lino Graglia published a review of Akhil Amar’s new book that made some claims about the basis for judicial review in the Constitution. Lino wrote:
Constitutional law is the product of judicial review, the power of judges to invalidate …
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 …
Professor Fuller has provided a very helpful outline of Oakeshott’s conception of the rule of law. The British philosopher is at some of his most difficult here. But this is not to say that Oakeshott is ever easy. For readers …
In this next edition of Liberty Law Talk, I discuss with Gregory Weiner, author of Madison’s Metronome: The Constitution, Majority Rule, and the Tempo of American Politics, James Madison’s understanding of how popular sovereignty, federalism, and separation of powers …
Judicial Monarchs: Court Power and the Case for Restoring Popular Sovereignty in the United States might be placed alongside the recent tome by Justice Stephen Breyer, Making Our Democracy Work, each representing a strand of the two major ways …
In my previous post, I noted that the distinction between a tax and a regulation was well understood by the American revolutionaries. The distinction had to do with the purpose of the law. A tax was a law that …
What is a tax, and what is a regulation or a penalty? That seems like a fairly straightforward question. But since Chief Justice Roberts released his opinion that Obamacare is constitutional because the “penalty” it imposes for failing to carry
…
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 …
In the spring of 1971, Robert Bork visited the University of Indiana law school to give a lecture on constitutional interpretation and the First Amendment. Bork was still a professor in those days, at Yale. And despite that association, he …
It was June 1793, a summer of discontent for the nascent opposition in Washington, and Thomas Jefferson had a problem: A political adversary in Virginia was rumored to be contemplating a run for the House of Representatives. Jefferson, concerned that …
Facebook
Twitter
RSS
Email