archive

To the Supreme Court

Jack M. Balkin (Yale): The American Constitution as “Our Law”. Brad Snyder (Wisconsin): Frankfurter and Popular Constitutionalism. Michael C. Dorf (Cornell): The Undead Constitution. Larry Alexander (San Diego): Originalism, the Why and the What. From Harvard Law Review, Cass Sunstein (Harvard): Originalism v. Burkeanism: A Dialogue Over Recess; Adrian Vermeule (Harvard): Recess Appointments and Precautionary Constitutionalism; and Peter Strauss (Columbia): The Pre-Session Recess. Brannon P. Denning on the case against appointing politicians to the Supreme Court. Moneyball for Judges: Cass Sunstein on the statistics of judicial behavior. Dear judges: Stop trying to figure out what the founders meant by every little word — you can’t, and it doesn’t matter. Ruth Bader Ginsburg must go: The GOP could take the Senate in 2014 — if the justice wants to be replaced by a liberal, now's the time to resign. Antonin Scalia is Chief Justice of trolling.