Search for: "Mark Graber"
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9 Sep 2012, 1:42 pm
Introduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
13 Aug 2019, 2:48 pm
For the symposium on Lawrence Lessig, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019).I am grateful to Jack Balkin and the Balkinization blog for the careful and powerful collection of review essays based on my book Fidelity & Constraint (2019). [read post]
4 Feb 2024, 1:01 pm
[Justice Scalia erred because there are no “Officers of the United States” appointed outside Article II, Section II.] [read post]
8 Feb 2024, 9:36 am
[A reply to Prof. [read post]
7 Feb 2024, 7:47 pm
A Reply to Mark Graber's "Legislative Primacy and the Fourteenth Amendment, Balkinization (4/22/2022). [read post]
16 Sep 2023, 2:47 pm
As Steve Calabresi admits, and Mark Graber shows in detail (here and here), the congressional drafters of the 14th Amendment routinely spoke of the presidency as an officer of or "under" the United States and gave no indication it was somehow exempt. [read post]
20 Aug 2012, 8:17 am
This is certainly the theme of recent overviews of the Court written by such scholars as Barry Friedman, Michael Klarman, or Lucas Powe, not to mention Mark Graber’s classic demonstration of the way that the Court has often accepted invitations given it by ostensible majoritarian political parties to decide political hot potatoes whose legislative resolution would simply be too risky. [read post]
29 May 2009, 12:55 pm
There's a short debate about it in the LA Times between Ilya Somin and Erwin Chemerinsky, and some interesting posts on the subject from Orin Kerr and Ilya Somin at The Volokh Conspiracy, and from Mark Graber and Susan Bandes at Balkinization (and I'm sure many others I haven't read). [read post]
11 Sep 2012, 12:36 pm
Graber, Keith E. [read post]
15 Aug 2024, 6:00 am
LaCroix Let me begin by thanking Jack Balkin and Mark Graber for generously organizing this symposium and for convening such a marvelous group of contributors. [read post]
14 Jun 2023, 6:30 am
The vision expressed is not at all filing lawsuits in federal courts, but instead a far more active “interposition” by state legislatures, deemed to be thoroughly “representative” of their constituents, that attempt, in Fritz’s key metaphor, to “sound the alarm” about threats to the American constitutional order posed by national overreach.I agree strongly with Mark Graber’s emphasis that we should look at the Constitution as… [read post]
26 Jun 2023, 6:30 am
” (5) These protests were a subset of “instructing and requesting” resolutions of state legislatures and form part of America’s vibrant “constitutional politics,” to use Mark Graber’s phrase. [read post]
25 Jun 2019, 6:30 am
For the symposium on Lawrence Lessig, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019).Pamela BrandweinIn Fidelity and Constraint, Lawrence Lessig takes up the problem of constitutional change. [read post]
1 Jun 2021, 6:30 am
For the Symposium on Kate Masur, Until Justice Be Done: America's First Civil Rights Movement, From the Revolution to Reconstruction (W. [read post]
12 Oct 2020, 6:30 am
For the Balkinization Symposium on Alexander Keyssar, Why Do We Still Have the Electoral College? [read post]
19 Jan 2021, 10:43 am
In recent days, several scholars and lawmakers have suggested that Section 3 of the 14th Amendment might be used to bar Donald Trump and some of his allies from ever holding federal or state office again. [read post]
2 Aug 2022, 6:30 am
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
3 Oct 2010, 11:01 pm
Sometimes, as in the Anthony Graber cop-recording case, it fails—Radley Balko (The Agitator) and Mirriam Seddiq (Not Guilty) write separately about the court’s dismissal of the charge. [read post]
13 Jul 2016, 5:00 am
Moreover, Mark Graber's work suggests that the leading edge of depolarization may not be our current class of political elites, who are among the most polarized players in the American political system.Right now, Republican Senators are stuck between a rock and a hard place. [read post]
15 Jan 2009, 6:49 am
Yalof, and Mark Hugo Lopez. [read post]
