I'm in Liberal Currents!
Cross-posting here: I have a piece today in Liberal Currents about why judicial review is essential for our democracy and that means we have to attack and dethrone (and then rebuild) the Supreme Court!
Cross-posting here: I have a piece today in Liberal Currents about why judicial review is essential for our democracy and that means we have to attack and dethrone (and then rebuild) the Supreme Court!
Over the last couple of weeks we've been having an exceptionally tiresome debate about birthright citizenship. Two conservative legal scholars, Randy Barnett and Ilan Wurman, have been arguing in various public fora that the overwhelming scholarly consensus that the Citizenship Clause of the Fourteenth Amendment means what it
In the last few days, people have started wondering whether we're in a constitutional crisis. Sensible enough, given everything that's going on. But not everyone is convinced. There's certainly something afoot, they grant, but perhaps it is only a "constitutional moment," not
People are starting to talk about remaking the Constitution. It makes sense, right? We're in a state of constitutional collapse due to the election of a usurper president, and his campaign of usurpation since taking office sixteen days ago. Constitutional rules are being trampled left and right, indeed
Much is said of the danger to liberty from the Army program for deporting and detaining these citizens of Japanese extraction. But a judicial construction of the due process clause that will sustain this order is a far more subtle blow to liberty than the promulgation of the order itself.