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23 May 2018, 11:01 am by Ilya Somin
The political and legal system we have has - at least for many decades - been ruled in large part by nonoriginalist interpretations of key portions of the Constitution, adopted by all three branches of government. [read post]
22 May 2018, 5:20 am by Josh Blackman
Two centuries ago, Chief Justice John Marshall recognized in Marbury v. [read post]
20 May 2018, 3:41 am by SHG
From matters small – there are an average of 657 water-main breaks a day, for example – to large, it is clear that the country has gone into a tailspin over the last half-century, when John F. [read post]
15 May 2018, 8:56 am by J. Dana Stuster
Some U.S. experts—including Council on Foreign Relations President Richard Haass and former CIA Director John Brennan—warned that the decision has weakened the U.S. negotiating position and was a major concession to Israel with no real benefit. [read post]
14 May 2018, 4:30 am by John Dehn
Hart countered legal theorist John Austin’s view of positive law—sovereign commands backed by threats—with a more nuanced view of what Hart called positivist law, which involved “a union of primary and secondary rules. [read post]
11 May 2018, 7:22 am by admin
The Senate’s ethics investigation into the Keating Five, which included and cleared Senators John McCain and John Glenn, was a major scandal and derailed the careers of the other three senators. [read post]
8 May 2018, 9:50 am by Deborah Pearlstein
  As a general matter, it seems strange to imagine that the modern Court would even contemplate a return to embrace the “passive-aggressive” virtues as exercised by the Court of John Marshall, which Whittington recalls, when the U.S. [read post]
7 May 2018, 3:45 am by SHG
Attorney John Chambers, who expedites gun permits in New York City, was recently convicted of bribing an NYPD sergeant. [read post]
4 May 2018, 8:30 am by Keith E. Whittington
For better or for worse, the fear of defiance has long been an important constraint on judicial power; Chief Justice John Marshall’s opinion in Marbury v. [read post]
4 May 2018, 6:20 am by Jim Sedor
Trump has attacked some branches of law enforcement, especially those pursuing white-collar malfeasance, as his allies and former campaign officials are ensnared in various investigations. [read post]
3 May 2018, 9:00 pm by Cookson Beecher
Republican John Boehner, left, and Democrat Charles Schumer, right, have developed similar views on the legalization of marijuana. [read post]
3 May 2018, 3:51 pm by Ilya Somin
The same holds true for a great many other powers currently wielded by the executive branch. [read post]
3 May 2018, 1:50 pm by David Kris
These rules and standards apply to information shared between the executive branch and Congress and also to information shared within the executive branch. [read post]
3 May 2018, 6:30 am by Dan Ernst
The Taney Court, by contrast, did not face similar political-branch threats. [read post]