Some constitutional scholars want lawmakers to try anyway.
Let’s imagine someone in the White House talks to an actual lawyer.
I envy my current students. For the first time in four decades, they can look forward to a Supreme Court that will once again protect those rights that are truly fundamental to our society.
Structuralism Economic An ethical approach embodies concepts of justice and fairness and frequently is concerned with individual
If the text of Article III, enriched by the publicly available context in which it was enacted, communicated the concept
The American Constitution has been called "the most wonderful work ever struck off at a given time by the brain and purpose of man." It was authored by men who had surpassing confidence in the human mind--men who were convinced that people were capable of "establishing good government from reflection and choice," to the end that self-evident truths about human nature, discernible through reason, would be honored in social life.
The rational-basis test applied in Carolene Products was deferential to the government but not toothless. The Carolene Products
Against Narrow and Hidebound Originalism: On Peruta v. San Diego and the Right to Armed Self-Defense
The enduring appeal and influence of originalism is attributable in substantial part to its promised capacity to maintain
According to many observers, the Supreme Court is struggling to do its job. It is "diminished," "hobbled," perhaps even "crippled."
We must thoroughly understand the rule of law, we must rehabilitate areas of our jurisprudence that deprive us of lawful rule and we must insist that judges are duty-bound to ensure that the reason in our law is not trumped by mere will.