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14 Jul 2007, 12:06 pm
Finally, if we limit ourselves for the moment only to the members of this blog, Sandy Levinson's and my theory of constitutional change, partisan entrenchment, is primarily concerned with the effects of judicial nominations.Reading the conservative responses Tom also suggested that "There was a repeated view (not surprising from conservative sites, but not entirely meritless) that the left lacks great "heavy hitting" intellects comparable to,for example, Posner,… [read post]
3 Mar 2009, 6:05 am
(Sandy Levinson's post immediately below pointing out the antidemocratic difficulties created by the filibuster might suggest that Obama won't be able to pass anything. [read post]
3 Jun 2016, 10:45 am
Sandy Levinson tells some of this in his extended review of G. [read post]
18 Mar 2007, 5:14 pm
Rev. 34 (1992) quickly became a cause celebre, producing an entire symposium issue of responses in the Michigan Law Review, including one by Sandy Levinson of this blog.By the time Edwards published his article, however, the handwriting was already on the wall. [read post]
4 Aug 2007, 11:48 pm
As Sandy Levinson and I have written, we are in a gradual transition from a National Security State to a National Surveillance State. [read post]
5 Feb 2010, 9:37 am
But if the President does nothing, and argues that there is nothing he can do to persuade the Senate to change its mind because the Senate gets to determine its own rules under Article I, section 5, we face what Sandy Levinson and I have called a Type Two constitutional crisis-- in which acceptance of the political rules of the game sends the country over a cliff.Article IV of the Constitution requires that the United States guarantee a republican form of government--… [read post]
4 Nov 2008, 10:16 am
(Credit Sandy Levinson for making this point in a colloquy with me at the GW Law Review conference a couple of weeks ago and more generally, for proposing numerous changes to Our Undemocratic Constitution.)One advantage to the current system is that it gives Senators and their staff an opportunity to consider the credentials of Cabinet nominees before holding confirmation hearings. [read post]
29 Feb 2008, 9:50 pm
"Now the key issue for an original meaning originalist, as Sandy Levinson, Jordan Steiker and I pointed out back in 1995, is whether "at the time of adoption of this Constitution" refers only to "Citizen of the United States" or also to the antecedent clause, "a natural born Citizen. [read post]
16 Jan 2007, 7:53 am
Interestingly, Sandy Levinson has this long and critical post at Balkinization in which he seems to recast CJ Roberts' avowed affinity for consensus as an interest in "suppress[ing] the expression of independent thinking, also known as concurrences or dissents. [read post]
4 Jul 2024, 1:06 pm
Since 2005, I have assigned 95 books by 87 authors, with James Fleming, Sandy Levinson, Gerard Magliocca, Eric Segall, Dan Farber, Philip Hamburger, Kim Roosevelt, and David Bernstein each making more than 1 appearances. [read post]
21 Mar 2023, 7:01 am
Since 2005, I have assigned 90 books by 83 authors, with Sandy Levinson, Gerard Magliocca, Eric Segall, Dan Farber, Philip Hamburger, Kim Roosevelt, and David Bernstein each making more than 1 appearances. [read post]
27 Jun 2008, 8:02 pm
Jack RakovePicking up on Sandy Levinson's and Mark Tushnet's recent postings, and drawing on my own working life as a "real historian" with more than a passing interest in originalism, I asked the other Jack to add a posting of my own on Heller. [read post]
13 Feb 2009, 8:57 am
Sandy Levinson of this blog has also signed onto that proposal; however, in this op-ed Sandy has also argued for a different proposal that would feature fixed 18 year terms for the Justices.Here is the proposal for regularizing Supreme Court appointments:PROPOSAL I: REGULAR APPOINTMENTS TOTHE SUPREME COURTOne question to be considered is the prospect that as Justices retain power for extended lengths of time, appointments to the Court are made so infrequently as to… [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]
13 Jun 2022, 6:30 am
This post was prepared for a roundtable on Constitutional Faith and Veneration, 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]
17 Jun 2021, 6:30 am
In 1998, when Sandy Levinson and I wrote about the constitutional canon, we identified three basic kinds of canons. [read post]
15 May 2017, 11:02 am
However, as I noted in a previous post, constitutional crisis refers to something different: A constitutional crisis occurs when there is a serious danger that the Constitution is about to fail at its central task of keeping disagreement within the boundaries of ordinary politics instead of breaking down into lawlessness, anarchy, violence, or civil war.As Sandy Levinson and I have explained, there are three types of constitutional crises. [read post]
30 Nov 2022, 6:30 am
This post was prepared for a roundtable onthe Second Amendment, 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]
29 Oct 2018, 8:15 am
(We never want to be too reductive, but Levinson’s invocation of “motivated reasoning” certainly seems relevant here.) [read post]
14 May 2020, 10:00 am
Buckley's American Secession: The Looming Threat of a National Breakup (Encounter Books, 2020).In our recent book, Democracy and Dysfunction, Sandy Levinson (writing in 2015) proposed that if Donald Trump won the 2016 election, California and other western states might break away and form a nation of Pacifica. [read post]
