Constitutional Republic Inwards Crisis? The Right-Wing Populist Surge

An explanation for the right-wing populist surge on verfassungsblog

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The Vice President As Well As The Dominion Of Law

There are at to the lowest degree 2 ways to empathise Vice President Pence’s argument that Joe Arpaio is a champion of the dominion of law.   One is obvious in addition to the other is subtle.   It’s non alone clear which reading ameliorate captures Pence's intentions.   They’re both bad, but the subtle i is considerably worse. To lay a slice of groundwork: Joe Arpaio is not, inwards fact, a champion of the dominion of law.   He is a persistent lawbreaker who systematically violated the Constitution in addition to was held inwards criminal contempt for courtroom for refusing to mend his ways.   So on the obvious reading of Pence’s statement, the Vice President was proverb something that’s evidently untrue, presumably amongst the intention of reaping to a greater extent than or less political advantage.   He was engaged inwards political gaslighting. But there’s too to a greater extent than or less other possibility—a to a greater extent than sub...
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Jeffrey Sutton, 51 Imperfect Solutions: States In Addition To The Making Of American Constitutional Police Delineate

The Oxford University Press has exactly published an interesting novel book, 51 Imperfect Solutions:  States too the Making of American Constitutional Law, past times Sixth Circuit Court of Appeals Judge Jeffrey S. Sutton.  He is an extremely thoughtful conservative judge; alongside other things, his see upholding the Affordable Care Act is past times far the best of the judicial opinions that wrestled with the constitutional issues purportedly surrounding its passage.  It is a mensurate of the score of ideological polarization that this see almost sure accounts for his existence left off the lists compiled past times the Heritage Foundation too Federalist Society of desirable Supreme Court appointees. (And, of course, political liberals are presumably unhappy with his well-written see upholding Ohio’s constabulary barring same-sex marriage, based on judicial restraint arguments, which was overturned inwards Obergefell.)   Sutton had bee...
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The Press Is Incorrect On Masterpiece Cakeshop. The Bakery Lost.

The press is reporting that the Christian bakery who refused to bake a cake for a same-sex marriage ceremony has won his representative inward the Supreme Court. That is technically accurate exactly deeply misleading. He did become the determination against him reversed, exactly the adjacent fourth dimension he turns away a same-sex duad (as he has said he volition do), he volition lose his case. The Court’s persuasion provides no tangible assist for the bakery or other religious objectors to antidiscrimination laws, though it offers them closed to of import moral encouragement. I explicate at The American Prospect, here .
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