Adrian Vermeule

The Filibuster Does Not Protect Minority Interests
And other reasons to reject supermajority requirements
January 14, 2014

The filibuster is worse than you thought. 

Constitutional Conventions
August 02, 2012

Do precedents constrain judges? Even if they constrain lower-court judges in run-of-the-mill cases, do they constrain the Justices, especially in the

Local Wisdom
March 22, 2012

There is a puzzle about Henry Friendly, a puzzle that David Dorsen’s clarifying biography poses in an acute form. By all accounts Friendly had a brill

Same Old, Same Old
February 22, 2012

Design for Liberty: Private Property, Public Administration, and the Rule of Law By Richard A. Epstein (Harvard University Press, 233 pp., $29.95) Richard Epstein is the same as he ever was. Part erudite scholar of Roman law and the common law, part provocative intellectual who promotes a view that he calls “classical liberalism,” Epstein is relentlessly true to himself, and this gives his works a unity of tone and content that both pleases and distresses.

Lawfare from the Bench
September 05, 2011

IN 1861, acting through his agents, Abraham Lincoln detained a Marylander named John Merryman (who had waged private war against the federal governmen

Power to the People
August 08, 2011

After so much has been said about Machiavelli, and so much that should be unsaid, one might be surprised to hear that there is anything new to say at

Ideals and Idols
June 08, 2011

The basic argument of Jack Balkin's Constitutional Redemption, repeated frequently, is that the legitimacy of the Constitution presupposes and require

The New Fable of the Bees
January 26, 2011

Thomas Seeley, an entomologist at Cornell University who studies honeybees, has made important contributions to this growing body of work on group dec

October 26, 2010

The authors start with the indisputable observation that the large-c Constitution of 1789, which can be seen under glass in the National Archives, is

Living It Up
August 02, 2010

Two new books lay out two different accounts of living constitutionalism. These living constitutionalisms have a common enemy—originalism, roughly the