The Upside-Down Constitution: Recent Reviews and Further Reflections

The Upside-Down Constitution sought to spark a more vigorous and forthright debate about federalism and, more broadly, the constitutional order—beyond a federalism of “balance” and a clause-bound, positivist originalism. I’m gratified that a good number of thoughtful lawyers and scholars have accepted the challenge. Early reviews include terrific pieces by Rob Gasaway, sitemeister Richard Reinsch, and Ilya Somin. Recent additions include a review by James A. Gardner (SUNY Buffalo Law School) in the Law & Politics Book Review (more in a sec); by R. Shep Melnick (Boston College) in The Forum; and by Roderick M. Hills, Jr. (NYU Law School) in the Tulsa Law Review.

Alas, Shep’s piece is behind a pay wall and Rick’s, behind a “you-must-buy-the-physical-volume” wall. I have the e-files but can’t link to them without copyright infringement. Next best option: (1) offer to send the file(s) to anyone who asks; (2) give the authors air time on this blog—not nearly as much as they deserve, but enough to give a flavor and to suggest useful lines of further inquiry and debate. I proffer this post in that spirit; with apologies for its inordinate length; and with gratitude to the critics.

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Tributes to James Q. Wilson

Numerous fond, appreciative tributes to the late James Q. Wilson over the past days include fine reflections by Michael Barone, Heather Higgins, Yuval Levin (linking to Wilson’s collected articles for The Public Interest and National Affairs), Harvey Mansfield, John Podhoretz (linking to Wilson’s fifty-plus pieces for Commentary), Steven Teles, and George Will.  R. Shep Melnick’s splendid review of the great man’s later essays, published awhile ago in the Claremont Review of Books, appears here.