Benjamin Cardozo

It's Alive
June 22, 2010

In 1997, Justice Antonin Scalia released a slender volume setting forth his judicial vision. In addition to defending originalism, Scalia sought to disparage what he viewed as the then-dominant mode of interpreting the Constitution. “The ascendant school of constitutional interpretation affirms the existence of what is called The Living Constitution, a body of law that ... grows and changes from age to age, in order to meet the needs of a changing society,” Scalia wrote.

The War on Immigrants
January 30, 1995

On December 14, 1994, a federal judge in Los Angeles enjoined the state of California from enforcing Proposition 187, which would deny health, education and welfare benefits to illegal aliens and their children. The case eventually may reach the Supreme Court; and Governor Pete Wilson has called on the justices to overturn a 1982 decision, Plyler v.

Overqualified
April 04, 1994

Unless a Supreme Court nomination falls from the sky, federal judges are rarely evaluated by cool-eyed critics. And so my heart leapt the other day when Federal Express brought a 126-page report from the Chicago Council of Lawyers reviewing the performances of the fifteen judges on the Seventh Circuit Court of Appeals. But the lawyers have an ax to grind. Their oddest conclusion is that Richard Posner and Frank Easterbrook, two of the most celebrated judges in the country, are in fact two of the least professional judges on the court.

This Week
November 13, 1928

HERBERT HOOVER has been elected President by an overwhelming popular majority and the greatest electoral college vote in history. He will be supported by a clear majority, not only of titular Republicans but of those representing his wing of the party, in the House and probably in the Senate as well. The future therefore lies in his own hands. Few men in the history of the nation have ever faced greater opportunities or accepted a greater responsibility. The New Republic differs with Mr.

This Week
November 13, 1928

HERBERT HOOVER has been elected President by an overwhelming popular majority and the greatest electoral college vote in history. He will be supported by a clear majority, not only of titular Republicans but of those representing his wing of the party, in the House and probably in the Senate as well. The future therefore lies in his own hands. Few men in the history of the nation have ever faced greater opportunities or accepted a greater responsibility. The New Republic differs with Mr.