Overruled: How Conservative Was Chief Justice Rehnquist?
October 02, 2012

That Rehnquist was a conservative who tended to vote against parties whom liberals favor is true. The question is what to make of this observation.

Astral Appetites
September 05, 2012

What is killing judicial restraint? In J. Harvie Wilkinson’s view, constitutional theory is doing the job.

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

Hamilton? Jefferson?
July 03, 2012

In our current slough of economic despair, is it time for Americans to recognize that we should all become Hamiltonians, following the genius of our f

The School Question
July 02, 2012

The problem of the place of religion in the American public school—the “school question”—has never had a settled answer. It was a question which the f

Perils and Privileges
June 11, 2012

According to Ananda Rose, pro-migrant groups are driven by religious conviction, compassion for people who end up dying in the desert, and opposition

The Strategy
May 14, 2012

Lawrence v. Texas, the Supreme Court’s decision striking down state statutes that criminalized gay sex was a constitutional landmark, and will remain

Team Rove's Latest Trick?
April 10, 2012

Jon Chait read the following in yesterday's New York Times and concluded that Rove Inc. is worried:  Mr. Law [the director of the super PAC Rove created] said, Crossroads research suggests that Mr. Obama’s campaign has started to gain traction among critical swing voters by arguing that Republicans, including Mr.

Who Really Rules?
April 03, 2012

Rebecca MacKinnon's new book offers a persuasive history of recent global protest movements, and serves as a primer on the role that Internet technolo

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