Adrian Vermeule

The Filibuster Does Not Protect Minority Interests

And other reasons to reject supermajority requirements

The filibuster is worse than you thought. 

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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

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Local Wisdom

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

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Same Old, Same Old

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.

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Lawfare from the Bench

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

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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

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

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

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Superstatutes

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

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Living It Up

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

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