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4 Nov 2008, 10:16 am
(Credit Sandy Levinson for making this point in a colloquy with me at the GW Law Review conference a couple of weeks ago and more generally, for proposing numerous changes to Our Undemocratic Constitution.)One advantage to the current system is that it gives Senators and their staff an opportunity to consider the credentials of Cabinet nominees before holding confirmation hearings. [read post]
9 Aug 2012, 11:22 am by Mark Graber
”   If we can just get rid of the Electoral College, eliminate state equality in the Senate, abandon life tenure for federal justices, and change the rules for constitutional amendment, my friend Sandy Levinson and others imply, gridlock would disappear, the American people would cherish their governing officials, and most other ills of contemporary American politics would be significantly alleviated. [read post]
1 Jan 2007, 8:16 am
Consider, for example, the numerous arguments against the Constitution made in Sandy Levinson's book on the right. [read post]
4 Aug 2008, 1:49 pm
o Sanford Levinson and Jack Balkin - Morton Horwitz and The Rule of Lawo Laura Kalman - Transformationso Bill Nelson - Who Should Judge Legal History: Lawyers or Historians? [read post]
23 Jan 2010, 7:35 am by JB
Sandy Levinson's and my theory of partisan entrenchment argues that Presidents generally attempt to install jurists who agree with their constitutional and policy positions on the issues most important to them. [read post]
11 Jul 2011, 6:10 pm by Lovechilde
In another post for Balkinization, University of Texas at Austin law professor Sandy Levinson suggests that Obama take the alternative route of educating the public “about the unconstitutional behavior of his Republican adversaries. [read post]
16 Jan 2007, 7:53 am
Interestingly, Sandy Levinson has this long and critical post at Balkinization in which he seems to recast CJ Roberts' avowed affinity for consensus as an interest in "suppress[ing] the expression of independent thinking, also known as concurrences or dissents. [read post]
29 Feb 2008, 9:50 pm
"Now the key issue for an original meaning originalist, as Sandy Levinson, Jordan Steiker and I pointed out back in 1995, is whether "at the time of adoption of this Constitution" refers only to "Citizen of the United States" or also to the antecedent clause, "a natural born Citizen. [read post]
4 Jul 2024, 1:06 pm by Randy E. Barnett
Since 2005, I have assigned 95 books by 87 authors, with James Fleming, Sandy Levinson, Gerard Magliocca, Eric Segall, Dan Farber, Philip Hamburger, Kim Roosevelt, and David Bernstein each making more than 1 appearances. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
Since 2005, I have assigned 90 books by 83 authors, with Sandy Levinson, Gerard Magliocca, Eric Segall, Dan Farber, Philip Hamburger, Kim Roosevelt, and David Bernstein each making more than 1 appearances. [read post]
13 Feb 2009, 8:57 am
Sandy Levinson of this blog has also signed onto that proposal; however, in this op-ed Sandy has also argued for a different proposal that would feature fixed 18 year terms for the Justices.Here is the proposal for regularizing Supreme Court appointments:PROPOSAL I: REGULAR APPOINTMENTS TOTHE SUPREME COURTOne question to be considered is the prospect that as Justices retain power for extended lengths of time, appointments to the Court are made so infrequently as to… [read post]
27 Jun 2008, 8:02 pm
Jack RakovePicking up on Sandy Levinson's and Mark Tushnet's recent postings, and drawing on my own working life as a "real historian" with more than a passing interest in originalism, I asked the other Jack to add a posting of my own on Heller. [read post]
13 Aug 2019, 2:48 pm by Guest Blogger
For the symposium on Lawrence Lessig, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019).I am grateful to Jack Balkin and the Balkinization blog for the careful and powerful collection of review essays based on my book Fidelity & Constraint (2019). [read post]
29 Oct 2018, 8:15 am by Guest Blogger
(We never want to be too reductive, but Levinson’s invocation of “motivated reasoning” certainly seems relevant here.) [read post]
17 Jun 2021, 6:30 am by JB
In 1998, when Sandy Levinson and I wrote about the constitutional canon, we identified three basic kinds of canons. [read post]
30 Nov 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable onthe Second Amendment, 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]
15 May 2017, 11:02 am by JB
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]
13 Jun 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable on Constitutional Faith and Veneration, 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]
14 May 2020, 10:00 am by JB
Buckley's American Secession: The Looming Threat of a National Breakup (Encounter Books, 2020).In our recent book, Democracy and Dysfunction, Sandy Levinson (writing in 2015) proposed that if Donald Trump won the 2016 election, California and other western states might break away and form a nation of Pacifica. [read post]
11 May 2020, 10:00 am by Guest Blogger
  But it also made intellectual sense to sacrifice some attention to those who ultimately had less effect in shaping the Constitution of the 1830s in order to adequately develop the story of the white-male-supremacists’ campaign for herrenvolk democracy (a term revived by Sandy Levinson here). [read post]