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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]
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]
12 Apr 2017, 7:49 am
I don’t want to spend too much space on this premise of Dorf’s (and Smith and Segall), so I will limit myself to two observations: First, this claim implicitly concedes that the original meaning of most of the Constitution–what Sandy Levinson has called the “hard-wired” part of the Constitution–is determinate enough to yield results. [read post]
5 Apr 2017, 10:23 am
Other previous guest authors are a “Who’s Who” of con law professors: Alex Aleinikoff, Akhil Amar, Robert Bennett, David Bernstein, Frank Buckley, Laura Donohue, Garrett Epps, Jim Fleming, Alison LaCroix, Dan Farber, Elizabeth Price Foley, Christopher Fritz, Michael Gerhardt, Abner Greene, Michael Greve, Steve Griffin, Stephen Gardbaum, Philip Hamburger, Thomas Healy, John Inazu, Sandy Levinson, Gerard Magliocca, Earl Maltz, John McGinnis, Clark Neily, Mike… [read post]
10 Mar 2017, 9:16 pm
This column, though, seemed to me basically right – but radically (so to speak) incomplete.The first gap is the most important – a failure to connect the dots, as Sandy Levinson is wont to say. [read post]
17 Feb 2017, 7:56 am
Sandy Levinson, for one, has argued that we should consider adding such a feature to our Constitution, and in our essay on constitutional dictatorship, Sandy and I discussed how such a system might work.Trump's example shows the advantages of a system with a vote of no confidence over our current presidential system. [read post]
7 Feb 2017, 5:05 am
" Sandy Levinson and I wrote an article about constitutional crises in 2009. [read post]
30 Jan 2017, 10:14 am
Trumpism can be prevented only if fundamental changes are made to the constitutional order, whether those changes be, as Sandy Levinson insists, to the constitutional text, or as I believe, to the way that constitutional politics functions.Alas, the normal politics that generated an abnormal president also highlight why very few governing officials have an incentive to change fundamental features of the constitutional order. [read post]
27 Jan 2017, 6:00 am
So I will mention a few disparate issues, attempting to touch on all of the symposiasts except Sandy Levinson, whose cogent and (overly) charitable entry speaks for itself and calls for no response.Law's Sovereignty Two of the symposiasts, Andy Koppelman and David Dyzenhaus, are primarily interested in law's sovereignty. [read post]
20 Jan 2017, 8:42 am
We'll have contributions from David Dyzenhaus (University of Toronto), Jeffrey Pojanowski (Notre Dame), and Gillian E Metzger (Columbia), as well as by Balkinization regulars Sandy Levinson, Andy Koppelman, Mark Graber and myself. [read post]
9 Jan 2017, 8:55 am
" Sandy Levinson has this post today at the "Balkinization" blog. [read post]
15 Dec 2016, 8:41 am
In the fall of 2015, Sandy Levinson and I wrote an exchange about political dysfunction and constitutional reform for a symposium in Indiana Law Review, where we were the keynote speakers.At that time, neither of us expected Donald Trump would be the Republican nominee. [read post]
27 Nov 2016, 9:00 am
As many readers probably know, Sandy Levinson received an anti-Semitic postcard from Great Britain, and as I've reported I've received a fair number of anti-Semitic e-mails in response to my post on "taking a hard line. [read post]
26 Nov 2016, 11:00 am
Law School Student Debt Rankings The IRS Scandal, Day 1292: Boston Herald Editorial—IRS Scandal Belies President Obama's Claim That His Has Been A Scandal-Free Administration Sandy Levinson Receives Hateful Postcard... [read post]
22 Nov 2016, 9:38 am
Sandy Levinson (Texas), who is visiting at Harvard Law School this semester, received this hateful postcard in the mail: Sandy's wife, Cynthia Levinson, asked folks to share the postcard. [read post]
19 Nov 2016, 1:11 pm
Check out Sandy Levinson's essay on the Twelfth Amendment, the latest addition to the National Constitution Center's excellent Interactive Constitution Project. [read post]
9 Nov 2016, 4:07 am
A few days ago on the conlawprof listserv, Sandy Levinson asked what we should say to our students on Wednesday morning if Trump won. [read post]
SCOTUS takes up Booker/mandatory sentencing issue and two sex-offender collateral-consequences cases
29 Oct 2016, 8:23 am
23 Aug 2016, 2:06 pm
So if you read the Constitution and stopped there, you probably wouldn’t get it.In Sandy Levinson’s wonderful typology of Protestant and Catholic constitutionalism, that perspective makes me a Constitutional Catholic, at least on the first of Levinson’s two questions. [read post]
15 Aug 2016, 10:09 am
Over at Law and Liberty Blog, Sandy Levinson has an essay entitled, American Tradition in Theory and Practice, responding to an essay by Marc DeGirolami, The Unforgettable Fire: Tradition and the Shape of the Law. [read post]
