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I think people would be surprised at just how unified the arguments against the establishment of religion were between the intensely religious minority sects and the secular Enlightenment figures like Madison and Jefferson. [read post]
11 Jul 2023, 11:43 am by David Super
  Six years before Bakke, the Court in Jefferson v. [read post]
11 Jul 2023, 4:19 am by SHG
If the view that diversity is malarkey crosses the line, what of the view that white people should be castrated or Asians should be denied entry into Harvard or Thomas Jefferson High? [read post]
20 Jun 2023, 6:30 am by Guest Blogger
States have justified their constitutional critiques of federal actions by claiming for themselves the role of representatives of the American people, or at least, a considerable proportion of that people. [read post]
19 Jun 2023, 6:30 am by Guest Blogger
It was famously rejected in McCulloch v. [read post]
14 Jun 2023, 6:30 am by Sandy Levinson
  Fritz wishes to provide no aid or comfort at all to ostensible disciples of Madison like Calhoun or Jefferson Davis. [read post]
7 May 2023, 6:00 am by Lawrence Solum
Yet another challenge to original-intent originalism was posed by Jefferson Powell's famous article, The Original Understanding of Original Intent, published in 1985. [read post]
1 May 2023, 8:57 am by David Cole
In our democracy, Madison argued, “[t]he people, not the government, possess the absolute sovereignty,” and the people must be free to criticize those who govern them. [read post]
26 Apr 2023, 6:30 am by Guest Blogger
  The founders of the United States understood that “an ignorant people cannot remain a free people and that democracy cannot survive too much ignorance. [read post]
24 Mar 2023, 3:00 pm by John A. Emmons, Avery Schmitz
Robert Loeb provided a synopsis of Bahlul v. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
Jefferson Powell, Constitutional Conscience (Chicago, 2008) Jeremy A Rabkin, Law Without Nations? [read post]
7 Mar 2023, 6:30 am by Guest Blogger
  If this seems too bleak a view of the Court, consider that this is exactly what the Court did in Vega v. [read post]
26 Feb 2023, 6:00 am by Lawrence Solum
Jefferson's notion of public reason seems connected to an ideal of democratic government. [read post]
24 Feb 2023, 12:31 pm by Jonathan Movroydis
Cogan and Michael McConnell discuss the US Supreme Court amicus brief they filed, along with scholars Christopher DeMuth and Peter Wallison, in Biden v. [read post]