Constitutional Republic Inwards Crisis? The Right-Wing Populist Surge

An explanation for the right-wing populist surge on verfassungsblog

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Epistemic Closure At The Supreme Court

Justice Gorsuch's dissent inwards Gundy v. United States relies on Amity Shlaes's mass The Forgotten Man for this description of roughly of the facts inwards the Schechter cases: "Kosher butchers such equally the Schechters had a hard fourth dimension next these rules. Yet the regime evidently singled out the Schechters equally a testify case."  According to Wikipedia (which on this query is accurate), Shlaes is " an American writer together with paper together with mag columnist ... [who] writes nearly politics together with economic science from a US libertarian perspective." Her description of the Schechter instance is consistent amongst that description of her perspective, together with (depending on what Justice Gorsuch had inwards heed when referring to the difficulties kosher butchers had) almost surely inaccurate. One of the requirements the Schechters violated was a "straight killing" rule, nether which buyers had to purchase all th...
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The Rootage Amendment Inward The 2D Golden Historic Menses - The 2018 Mitchell Lecture

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Here is the video of my Apr 13, 2018 Mitchell Lecture at Buffalo Law School, entitled "The First Amendment inward the Second Gilded Age." This lecture describes the political economic scheme of gratuitous aspect inward our Second Gilded Age. It explains how nosotros pay for Earth sphere inward the digital age. I debate that the recent Facebook/Cambridge Analytica scandal typifies the primal work of securing liberty of aspect inward the Second Gilded Age. First, the key players who ready the basic rules of gratuitous aspect are non state states but powerful mortal actors similar Facebook who effectively deed equally the governors of digital spaces. Second, gratuitous spoken communication is non actually gratuitous at all. Freedom of spoken communication depends on an infrastructure of gratuitous expression, in addition to that infrastructure must hold upwards paid for inward 1 mode or another.  In the early on 21st century, people pay for gratuitous spoken communicatio...
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The Fine Art Of The Rescission

     On May 8, President Trump reportedly volition ship Congress a asking to rescind $15 billion inward funds appropriated for a diversity of non-defense programs.   Some sources both inward the White House together with inward Congress suggest that this may hold out the kickoff of several such requests that the President volition brand over the coming months.   These requests are made nether the Impoundment Control Act, on which fifty-fifty many budget physical care for experts notice themselves a fleck rusty.   Not surprisingly, media coverage of the possibility of rescissions has been confusing together with sometimes contradictory.   This ship service examines the procedural, substantive, together with political dimensions of these proposals.      Congress enacted the Impoundment Control Act inward 1974 amongst Title X of Pub. L. No. 93–344 inward reply to President Nixon’s repeated refusals to pass appropriated funds...
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