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1 Jun 2023, 6:30 am
Surveying the complex, and ever-changing federalist dynamics of any one of these issue areas would be a career’s work. [read post]
13 May 2019, 6:00 am
Nations today generate negative externalities for one another in the form of excess carbon dioxide production, which a global federation might stop.Fourth, I believe a G-15 federal government would be more protective of individual human rights than are the current separate nation states essentially for the reasons James Madison expounds in Federalist 10. [read post]
12 May 2023, 6:00 am
Trump, though, offers nothing of interest to the constitutional theorist save as a baleful reminder of the failure, contrary to the assurances set out in Federalist 68, that the Electoral College would serve as a guardrail against the election of a terrible demagogue to our highest office. [read post]
3 Feb 2022, 1:23 pm
" In Stern's imagination, if the Federalist Society had existed in 1965, it would have opposed the Voting Rights Act of 1965. [read post]
4 Mar 2012, 6:35 pm
This includes people with views as diverse as Jonathan Adler’s (he’s a libertarian) and mine about the proper role of regulation in society. [read post]
19 Nov 2014, 3:08 pm
The event was sponsored by the Law School Chapter of the Federalist Society, the Marquette Immigration Law Association, and the International Law Society. [read post]
19 Aug 2006, 11:19 am
" Such auditioning can take the form, in the current administration, of speeches at the Federalist Society gatherings or, more to the point, writing opinions that fit the appointing president's preferences. [read post]
20 Jul 2023, 8:55 am
Society of the Sisters of the Holy Names of Jesus and Mary, for instance, the Supreme Court struck down laws prohibiting, respectively, teaching foreign languages in schools and sending children to private religious schools. [read post]
11 Jul 2024, 10:39 pm
" The potential scope of direct taxation was so wide that it offered the Anti-Federalists an opportunity to attack the proposed Constitution. [read post]
1 Jun 2021, 7:15 am
The description of Quebec as a “distinct society” goes back some 60 years at least, although the concept can be traced to before confederation (see a 1995 Canadian government paper, “Distinct Society: Origins, Interpretations, Implications” [“Distinct Society”]). [read post]
21 Nov 2012, 4:00 am
This isn’t a prize at the bottom of the box, it’s one of the foundations of a just capitalist society. [read post]
5 Sep 2023, 9:05 pm
If the Federalist Society gang wins, the Administrative State will have taken a crippling (but not quite fatal) wound. [read post]
13 Sep 2022, 6:30 am
“Political culture” can itself become much to encompassing a notion, avoiding the realization that any pluralistic society is likely to have several, if not many, disparate political cultures to go along with the different religious, racial, or ethnic cultures. [read post]
13 Aug 2019, 2:48 pm
The Federalist Society, for example, intervenes to change what seems ordinary, with the consequence that the constraints of the ordinary change. [read post]
7 Feb 2022, 4:00 am
Well, Leonard Leo, co-chairman and former Executive Vice President of the Federalist Society, chose the list of people from which Trump selected for nomination to the High Court. [read post]
19 Jun 2021, 6:30 am
From the relevant Federalist Papers to Dred Scott to debates in the Thirty-Ninth Congress, Lash includes the central works that informed the antebellum Constitution, as well as the major debates in Congress concerning the Reconstruction Amendments. [read post]
4 Aug 2020, 6:30 am
Tushnet alludes to one when he notices that Democratic presidents have to win support for their Supreme Court picks from a large variety of groups rather than just consulting the Federalist Society. [read post]
30 Mar 2013, 3:50 am
According to a theory originally developed in the field of constitutional law (see Solum here, Whittington here - or watch the Federalist Society's 12th Annual Faculty Conference here), the distinction describes the process through which a legal text becomes a coercible legal rule: in the first phase, interpretation, a linguistic meaning is attributed to the text; in the second phase, construction, a normative value is assigned to it. [read post]
19 Jan 2022, 5:00 am
" Or think of Alito's repeated worrying that his politicized views will be treated as political by, you know, the enemy of the People.Consider, for example, Justice Alito's 2020 Federalist Society speec [read post]
17 Jul 2020, 9:46 am
Last November Jack Balkin participated in a Federalist Society panel on originalism in which, consistent with his approach in Living Originalism, he described the Constitution as a “framework for politics. [read post]
