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Constitutional Politics in the States
I have just returned from the annual confab of the Midwest Political Science Association. The MPSA is not my favorite haunt (the folks there tend to like putting the science into political science),...
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Is the Roberts Court the Least Activist Court in History?
Chief Justice Earl Warren Chief Justice John Roberts A few months ago, Justice Ruth Bader Ginsburg explained why she needed to stay on the Court in part by claiming “if it’s measured in terms of...
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One of the “Most Activist Judges We Have Right Now”
When Justice John Paul Stevens retired from the U.S. Supreme Court in 2010, Senate Judiciary Chairman Patrick Leahy complained that “We have right now a very, very activist, conservative activist,...
View ArticleWhat’s Wrong with Judicial Activism Anyway?
Everybody knows that judicial activism is a bad thing. There was a time when liberals flirted with the idea of reappropriating the term and celebrating their newfound commitment to aggressive judicial...
View ArticleRemembering Why Hayek Mattered
There’s nothing like reading Rex Tugwell to remind you why Friedrich Hayek won the Nobel Prize in Economics. Rexford Guy Tugwell was an incredibly important figure in the New Deal era. A Columbia...
View ArticleAre Signing Statements a Bad Thing?
I’ve always thought that the brouhaha over signing statements was much ado about nothing. During the presidency of George W. Bush, liberals discovered signing statements and decided they were bad and...
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Paradise Lost
Signing of the Constitution by Louis Glanzman Mike Lee knows a thing or two about the Constitution. Utah’s junior senator is the son of Rex E. Lee, the founding dean of the law school at Brigham Young...
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Constitutional Norms Matter
American constitutionalism is famously about written rules. Our constitutions are filled with “thou shalt nots.” So much so that many unfortunately jump to the conclusion that the entire point of a...
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Is the Supreme Court a Court?
Is the U.S. Supreme Court a court? On the one hand, the answer seems obvious. It says so right in there in the name. Plus, the justices wear those funny robes. Strong evidence, I admit. On the other...
View ArticleWhat Is the Impeachment Power For?
The power to impeach officers of the United State government is one of the gravest powers entrusted to Congress in the U.S. Constitution. The power is far-ranging and flexible, laying at the feet of...
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