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5 Jul 2011, 5:41 am
Dicey (legislative omnipotence), Thomas Jefferson (departmentalism and active popular sovereignty that does not go dormant in non-Ackermanian moments), James Madison (a system of checks and balances reduced to a short code), or John Marshall (judicial supremacy based on an instrument that did not say a word about judicial supremacy when he wrote Marbury and continued silent on that point when his successors affixed each of their signatures to Aaron v. [read post]
2 Jan 2024, 5:50 am
As the new year begins, former President Donald Trump likely has a lot on his mind. [read post]
2 Oct 2022, 9:01 pm
They thought that the best way to present their “case” to the world was to characterize the British monarch as a lawless dictator.The result of this framing, however, is jarring when viewed through the distorted lens of modern conservative anti-government dogma. [read post]
5 Apr 2010, 3:37 am
Prior to the Statute of Anne, the privilege to publish was invested by the monarch in just a handful of companies who had an exclusive monopoly on all publication. [read post]
22 Dec 2023, 4:00 am
The end of a calendar year invites reflection on the months just passed. [read post]
3 Jan 2023, 6:30 am
This post was prepared for a roundtable on Federation and Secession, 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]
13 Sep 2022, 7:00 am
If a majority thinks that democratic rule is unappealing, it can simply change the rules to entrench minority, oligarchical, monarchical, or theocratic rule. [read post]
9 Apr 2017, 8:35 am
I am happy to announce the publication of an article, "The Emerging Normative Structures of Transnational Law: Non-State Enterprises in Polycentric Asymmetric Global Orders," that appears in the B.Y.U. [read post]
29 Sep 2013, 6:53 pm
Author: James Madison To the People of the State of New York: HAVING reviewed the general form of the proposed government and the general mass of power allotted to it, I proceed to examine the particular structure of this government, and the distribution of this mass of power among its constituent parts. [read post]
17 Sep 2019, 1:26 am
Lady Hale adjourns the Court for lunch until 14:00. 1303: Lord Pannick QC says authorities on dissolution are not good precedents as this power no longer exists and was personal to the Monarch. 1300: Lord Pannick QC accepts that the authorities sug [read post]
16 Dec 2022, 3:38 am
When one looks back at the year 2022, it’ll be safe to say this year was remembered as one where we put aside our collective differences, came together for the betterment of humanity, and took a collective leap forward as a species. [read post]
