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18 Apr 2007, 9:50 am
One last above-the-fold note: Sandy Levinson recently wrote something quite interesting on Balkinization, on whether a former card-carrying member of the Conference on Critical Legal Studies can criticize the Bush administration for not respecting the rule of law. [read post]
9 Sep 2012, 1:42 pm
Introduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
31 Jan 2010, 4:29 pm
IntroductionThe counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
22 May 2011, 2:36 pm
Introduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
30 May 2007, 11:50 pm
Ackerman has distinguished his theory from Sandy Levinson's and my partisan entrenchment theory precisely on the grounds that we do not sufficiently recognize the decisive significance of movement parties in constitutional revolutions. [read post]
30 May 2019, 6:00 am
(My distinction between “ideological” and “political” closely resembles the distinction, drawn in 2001 by Jack Balkin and Sandy Levinson, between “high politics” and “low politics. [read post]
16 Mar 2020, 6:30 am
A more appropriate word, to borrow from Jack Balkin and Sandy Levinson, might be executive “rot” given repeated speech from the administration that undermines public trust.Yet, as Norton observes, sometimes the truth or falsity of government speech determines whether such speech violates constitutional rights. [read post]
3 Apr 2019, 6:00 am
For the symposium on Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019).Devins and Baum's The Company They Keep is a fine book that nevertheless manages to bury the lede. [read post]
4 Sep 2022, 6:30 am
, 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]
5 Oct 2023, 4:59 am
But wait, to quote my friend Sandy Levinson, “there’s more. [read post]
15 Oct 2018, 5:00 am
Sandy Levinson has long been sounding the alarm about the constitutional mechanisms, beginning with the structure of the U.S. [read post]
16 May 2023, 6:30 am
This post was prepared for a roundtable on Constitutional Crises, 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]
4 Jan 2025, 7:25 am
[Note: After patiently hearing me out on this topic since the election, Jack asked me to write this up. [read post]
4 Jul 2023, 6:30 am
Fetishizing obscure bits of text with methods inaccessible to ordinary citizens makes the problem much worse, and lends what is already a juristocracy a quasi-religious sort of authority whose fundamentally antidemocratic nature Sandy Levinson has fruitfully explored. [read post]
12 Nov 2019, 6:30 am
In its wake we have the welcome work of people like David, Sandy Levinson, Mark Graber, John Mikhail, Eric Lomazoff, and others too numerous to mention (and to whom I apologize for not doing so) giving those of us with much to learn the insights and raw material required to fill in and reshape our assumptions about the case and its importance. [read post]
16 Dec 2024, 6:30 am
S&K refer to “structural advantages” (S&K 268) enjoyed by the Protect alliance, which include features of what Sandy Levinson termed the Constitution of Settlement. [read post]
6 Oct 2013, 9:01 pm
It is not codified anywhere, and in fact, Speaker Boehner himself has violated it in recent memory: once in the “fiscal cliff” deal; another time to provide Hurricane Sandy relief; and a third time to reauthorize the Violence Against Women Act. [read post]
16 Oct 2010, 7:18 am
As Sandy Levinson has argued on this blog and in his book, we need to take a more critical stancein examining how the Constitution is connected with what has gone wrong in politics and policy. [read post]
11 May 2010, 7:30 pm
And Sandy Levinson, who taught Kagan years ago at Princeton, comments on her nomination at Balkinization, praising her 2001 article on presidential administration. [read post]
2 Apr 2010, 12:38 am
As Jack Balkin, Sandy Levinson, and others have ably pointed out, “constitutional” can be used in a different way, in that people express aspirations about what the Constitution should mean, even if that meaning is contrary to current precedents. [read post]
