Tagged: constitution

387

A One Party Nation

The Democratic Party is collapsing, and has been collapsing for a decade. Having the Presidency just hid all the rot happening elsewhere. Now we face the prospect of one party rule in a way we have not seen before, led by a type of President we have not seen before.

41

In My Opinion’s Wake

Burt Likko thinks that Citizens United and McCutcheon were correctly decided. But how can he square that conclusion with his recent Ordinary Court opinion?

236

Let the Character Assassinations Begin

It comes with the territory obviously, but its predictability doesn’t make it any less ridiculous or frustrating. Jeffrey Toobin and David Brooks have fired the first shots, outlining the many failings of Edward Snowden because...

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The Text Is All We Have

Today’s story about the Justice Department obtaining two months’ worth of telephone records from the Associated Press, apparently without a warrant and without any sort of prior notice to the people or entity thus...

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How do you interpret a constitution?

The biggest cause of confusion faced by Originalists—the folks who think the Constitution means what it originally did in the late 1700s—isn’t the one you’d probably guess at first.  You’d probably guess it has to do with how we can know what 18th century Americans were thinking.  And how can anyone know what Americans more than two and a quarter centuries ago thought “due process” was, or what a “reasonable search and seizure” was?  We can hardly get consensus on […]

169

How do you interpret a constitution?

The biggest cause of confusion faced by Originalists—the folks who think the Constitution means what it originally did in the late 1700s—isn’t the one you’d probably guess at first.  You’d probably guess it has...

182

The Doomsday Provision

Note: This post is part of our League Symposium on Guns In America. You can read the introductory post for the Symposium here. To see a list of all posts in the Symposium so...

55

Presuppositional Constitutionalism

Does the Constitution assume certain presuppositions on the part of those it means to govern?  If so, what are those presuppositions? I submit the answer to the first question is yes, and explain the...

57

Hexalogue

A certain kind of religious activist takes it as a given, and as an imperative, that the Decalogue must be displayed prominently on and in public buildings. Gratefully, these folks are rare; sadly, they have influence...

15

Jurisprudence Blogging 1: Austin

This is the first in a series of posts about general jurisprudence. In this post, I will cover Austin’s view. I will give a simple overview on what his views are, what is good...