archive

What is the constitution for?

Brandon L. Bartels (George Washington) and Andrew J. O’Geen (Davidson): The Nature of Legal Change on the U.S. Supreme Court: Jurisprudential Regimes Theory and its Alternatives. Charles Edward Andrew Lincoln (Texas A&M): A Platonic Interpretation of the United States Constitution. Christopher Serkin (Vanderbilt) and Nelson Tebbe (Brooklyn): Is the Constitution Special? Eric Segall (Georgia State): The Constitution Means What the Supreme Court Says It Means. Jack M. Balkin reviews Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms by James Fleming. Michael J. Perry (Emory): Five Constitutional Controversies, Five Judicial Opinions: The Theory Illustrated. Corinna Lain (Richmond): Three Supreme Court “Failures” and a Story of Supreme Court Success. David Pozen (Columbia): Constitutional Bad Faith (and a response) Is the Supreme Court’s role overstated? A reviews Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law by David Cole.

Brian Leiter (Chicago): Constitutional Law, Moral Judgment, and the Supreme Court as Super-Legislature. What is the constitution for? Constitutions were a great democratic advance — unfortunately ours is broken. The Constitution was designed to weed out demagogues — now it encourages them. Can the Constitution govern America’s sprawling empire? The U.S. Supreme Court struggles to stretch a Constitution written for 13 coastal states to encompass non-contiguous states, dependent nations, insular areas, and a commonwealth. Do we need a new constitutional convention? Richard Kreitner and Sanford Levinson on reading The Federalist in the twenty-first century. The classics and the Constitution: Benjamin Straumann on the smokescreen of republicanism and the creation of the Republic. With the success of the Broadway hit Hamilton, Americans have been given a new version of the Founding Fathers — one that could open the door to a more liberal interpretation of constitutional originalism.