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For the symposium on Ken Kersch,  Conservatives in addition to the Constitution  (Cambridge University Press, 2019). Ken I. Kersch After a preface in addition to large flick chapters entitled “The Intellectual Archipelago of the Postwar American Right” in addition to “The Alternative Tradition of Conservative Constitutional Theory,” the gist substantive chapters of my novel mass Conservatives in addition to the Constitution: Imagining Constitutional Restoration inward the Heyday of American Liberalism (Cambridge University Press, 2019) are “Stories About Markets,” “Stories About Communism,” “Evangelical in addition to Fundamentalist Christian Stories,” in addition to “Right-Wing Roman Catholic Stories.”   Why not, Mark Graber asks, “Stories About Race/Racial Hierarchies”?   “Leaving race to a separate volume,” Mark suggests, “may … last a mistake.”   On this, Mark may real good last right.   “Racial hierarchy was every bit foundational to conse...

For the symposium on Sanford Levinson together with Jack M. Balkin,  Democracy together with Dysfunction  (University of Chicago Press, 2019). In my finally post, I argued that the emerging Democratic Party, which is a cosmopolitan political party organized around issues of identity together with divided on issues of class, volition own got problems achieving genuine reforms amongst exclusively Democratic votes. Right instantly the parties are bitterly polarized on almost every question. But history suggests that polarization does non proceed forever. If the province is to renew itself together with displace past times its electrical flow instance of constitutional rot, politics volition own got to depolarize. In this finally installment, I hash out how depolarization mightiness come upward about. History suggests 2 possible paths for getting past times constitutional rot together with reforming American politics. These correspond, roughly speaking, to the era of ...

Keith E. Whittington My thank you lot to Jack for his proffer of a invitee post on my novel mass Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present (University Press of Kansas, 2019). Influenza A virus subtype H5N1 post seems especially appropriate since the mass draws on the move of many of the contributors. Repugnant Laws develops a political history of how the U.S.A. Supreme Court has exercised the ability of judicial review over federal statutes from its founding through the retirement of Associate Justice Anthony Kennedy. The focus is on how the Court has understood the range of the congressional legislative ability in addition to enforced constitutional boundaries against the national legislature over time. It is less a history of constitutional police clit than an exam of how the Court’s move has gibe into the ideology in addition to political needs of national partisan coalitions in addition to whose oxen convey been gored past t...

This is a much belated comment on Jonathan Gienapp’s really marvelous operate The Second Creation: Fixing the American Constitution inwards the Founding Era .   I regret that I couldn’t participate inwards the symposium concluding fall.   Reading dorsum through Gienapp’s mass in addition to the symposium made me recall I could usefully add together a few points. Reading through the posts i could travel forgiven for thinking that Gienapp wrote a mass almost the relation betwixt the adoption of the Constitution in addition to originalism.   The mass may sure make got implications inwards that quarter.   But that’s non the major import of this analytically precise operate that dives deep into the origins of the American constitutional tradition.   A scholarly operate similar Gienapp’s is long overdue.   I want that it had existed when I was writing my offset book, American Constitutionalism: From Theory to Politics .   True, Gienapp’s cloth is g...

VAR is ruining soccer. I wrote a post final summer, afterward the cease of the World Cup, arguing that the introduction of Video Assistant Referees had led to a to a greater extent than mechanical as well as mindless fashion of refereeing. One manifestation was the dramatic spike inwards the issue of penalty kicks awarded. VAR robbed referees of the discretion to brand only about of the context-sensitive judgments on which the game had ever relied. Since that post was published, things entirely look to have got gotten worse. VAR-induced delays at this summer’s Copa América as well as Women’s World Cup have got unsettled the beat of both competitions. Influenza A virus subtype H5N1 sport amongst no timeouts or commercial breaks instantly finds itself repeatedly interrupted yesteryear VAR reviews . (I am waiting for these interruptions to larn sites of advertising too every bit tedium. “This VAR review is sponsored yesteryear Panoptico, serving all your majority surveillance ...

Another thing that Donald Trump has ruined is the pleasance inward proverb “I told yous so.”   The implications of existence right these days are pretty horrific.   I’d been managing to rest fairly upbeat, to a greater extent than oftentimes than non because Balkin keeps telling us that a progressive backlash is coming our agency (while besides acknowledging that the odds of his existence right are perhaps 50-50 if we’re lucky).   But it’s getter harder as well as harder, particularly for those of us inward the reproductive wellness field.   Forget abortion for a minute.    Readers of this weblog know good that the abortion rights outlook inward the brusk term is pretty bleak, unless stare decisis , then called “institutional legitimacy,” and, relatedly, populace sentiment affair to the Chief.   Of course, things could alter over again amongst the election, 1 agency or the other.  But abortion is relevant hither straight off every bit a d...