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16 Mar 2020, 6:30 am
A more appropriate word, to borrow from Jack Balkin and Sandy Levinson, might be executive “rot” given repeated speech from the administration that undermines public trust.Yet, as Norton observes, sometimes the truth or falsity of government speech determines whether such speech violates constitutional rights. [read post]
16 May 2023, 6:30 am
This post was prepared for a roundtable on Constitutional Crises, 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 Apr 2019, 6:00 am
For the symposium on Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019).Devins and Baum's The Company They Keep is a fine book that nevertheless manages to bury the lede. [read post]
30 May 2019, 6:00 am
(My distinction between “ideological” and “political” closely resembles the distinction, drawn in 2001 by Jack Balkin and Sandy Levinson, between “high politics” and “low politics. [read post]
30 May 2007, 11:50 pm
Ackerman has distinguished his theory from Sandy Levinson's and my partisan entrenchment theory precisely on the grounds that we do not sufficiently recognize the decisive significance of movement parties in constitutional revolutions. [read post]
5 Sep 2014, 11:26 am
(If I recall correctly, much of my thinking about item 5 was shaped by a conversation I had with Professor Sandy Levinson many years ago, though he is of course not at a [read post]
6 Oct 2013, 9:01 pm
It is not codified anywhere, and in fact, Speaker Boehner himself has violated it in recent memory: once in the “fiscal cliff” deal; another time to provide Hurricane Sandy relief; and a third time to reauthorize the Violence Against Women Act. [read post]
2 Apr 2010, 12:38 am
As Jack Balkin, Sandy Levinson, and others have ably pointed out, “constitutional” can be used in a different way, in that people express aspirations about what the Constitution should mean, even if that meaning is contrary to current precedents. [read post]
16 Oct 2010, 7:18 am
As Sandy Levinson has argued on this blog and in his book, we need to take a more critical stancein examining how the Constitution is connected with what has gone wrong in politics and policy. [read post]
11 May 2010, 7:30 pm
And Sandy Levinson, who taught Kagan years ago at Princeton, comments on her nomination at Balkinization, praising her 2001 article on presidential administration. [read post]
20 Apr 2022, 7:30 am
Levinson’s intriguing gestures to issue entrepreneurship and to lobbying can in part be understood as a call for greater awareness of agenda politics in modern democratic republics. [read post]
3 Jan 2023, 6:30 am
Sandy Levinson has argued that the Americans in 1776 were actually secessionists, not revolutionaries. [read post]
15 May 2019, 6:00 am
For the symposium on Sanford Levinson and Jack M. [read post]
12 Sep 2008, 2:26 pm
TPM, Annals of Suspension TalkLeft, McCain’s Desperate Gamble Informed Comment, Palin’s Russian Roulette Dave Hoffman, Concurring Opinions, John McCain’s Unworkable Plan to Deregulate and Insure Our Way Out of the Crisis Thursday tristero, Hullabaloo, points us to this great video on McCain’s role in the Keating Five Sandy Levinson, Thoughts on John McCain as our constitutional dictator Crooks & Liars, McCain’s… [read post]
8 Mar 2018, 9:01 pm
In the space below and also in a subsequent column, I examine the Winner-Take-All approach to allocating electors and the legal claims against it.Background on the ComplaintThe recently filed Complaint—in which University of Texas Law Professor Sandy Levinson is a named plaintiff and in which noted trial attorney David Boies (who represented and did the oral argument for Al Gore in the famous Bush v. [read post]
18 Feb 2007, 1:52 pm
Sandy Levinson, in considering a hypothetical redesign of the Constitution, wondered what value (if any) the vice-presidency has.Mary Dudziak at Legal History Blog discussed the recently-discovered unsuccessful efforts of Otto Frank to gain entry into the US for Anne and the rest of the Frank family. [read post]
28 Nov 2005, 4:10 pm
But the reason I professed puzzlement that no one had discussed is partly that other people have raised it in conversation, not to endorse it, but to consider the idea because it is relevant - Sandy Levinson, for one, in discussions over his book on torture (I don't recall whether Dershowitz, for example, addresses this directly in his discussion of torture in that book). [read post]
28 Aug 2015, 10:15 am
Supreme Court building, together with the plaza (which reaches up to, but doesn’t include, the grey city sidewalk in front of the Court). [read post]
26 May 2008, 8:14 am
., Sandy Levinson) role as someone who is deeply interested in law and religion and sympathetic to religious individuals and communities but who doesn't himself come from a religious perspective, I am often cast in the role of a proceduralist or mediator who wants to explore common ground. [read post]
7 Jul 2017, 12:56 pm
(This would be what Sandy Levinson calls an “unhappy ending” for an originalist who believes today in a strong separation of church and state.) [read post]
