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 …
In the next Liberty Law Talk I discuss with David Bernstein of the George Mason University School of Law his excellent work of constitutional history Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform. The Lochner decision, of course, is …
George Thomas, Keith Whittington, and Ted McAllister evaluate David Bernstein’s important new book Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform.
George Thomas
When the Legend becomes Fact…
Tim Sandefur has responded to my last post on his paper. Since these exchanges can only go on so long, I will keep my reply very brief.
Tim draws a distinction between the expected applications of a provision and the …
In a previous post, I reviewed Tim Sandefur’s Cato Unbound essay on substantive due process. I wrote:
Tim’s piece is interesting, but his interpretation of the Constitution is too abstract for my tastes. I believe that the original meaning …
Over at Cato Unbound, Tim Sandefur has a piece defending substantive due process:
The Constitution, too, is a law. Thus by promising that government will accord us due process of law, the Constitution not only blocks government from breaching …
Facebook
Twitter
RSS
Email