archive

The Constitution in order

Richard S. Kay (Conn): Constituent Authority. Jeremy Waldron (NYU): Constitutionalism: A Skeptical View. Richard Albert (BC): The Cult of Constitutionalism. Francis Joseph Mootz (UNLV): Ugly American Hermeneutics. Robert F. Alleman and Jason Mazzone (Brooklyn): The Case for Returning Politicians to the Supreme Court. Theresa M. Beiner (Arkansas): White Male Heterosexist Norms in the Confirmation Process. Michael Bailey (Georgetown) and Albert Yoon (Toronto): "While There's a Breath in My Body": The Systemic Effects of Politically Motivated Retirement from the Supreme Court. A deeper bench: A very brief case for Supreme Court term limits. From CRB, a review essay on books by Cass Sunstein. From Policy Review, who’s afraid of original meaning? George Thomas seeks coherence in Fourteenth Amendment jurisprudence. Pamela Karlan on how the phrase “judicial activist” is so frequently used that it has come to exemplify what George Orwell described in the 1946 essay “Politics and the English Language” as a term with “no meaning except in so far as it signifies ‘something not desirable’”. There are no liberals on the Roberts Court: It's conservatives vs. centrists when the justices hear arguments. Repealing common sense: The conservative mission to destroy the Constitution in order to save it (and a response). Precedent and Prologue: Jeffrey Toobin on Bush v. Gore, ten years later (and more by Richard Hansen).