Tag Archives: Constitutionalism

Reinvigorating “Defensive Crouch Liberal Constitutionalism” Part 2: Will Clarence Thomas Save Abortion Rights?

by Michael Dorf (cross-posted on Take Care Blog)If the Senate confirms Judge Brett Kavanaugh to replace Justice Anthony Kennedy, the Supreme Court will almost certainly move to the right on a range of issues, most prominently abortion, where Kennedy wrote or … Continue reading

Posted in Constitutional Law | Tagged , , , , , , , , , , | Leave a comment

Can State Supreme Courts Protect Liberal Constitutionalism in the Coming Era of Reactionary SCOTUS Jurisprudence?

With President Trump’s nomination of Judge Brett Kavanaugh to fill the Supreme Court seat that Justice Anthony Kennedy will soon vacate, media attention has now shifted to the coming “battle” over his confirmation. Yet the outcome of that battle is … Continue reading

Posted in Constitutional Law | Tagged , , , , , , , , , | Leave a comment

Macias on Utilitarian Constitutionalism: A Comparison of Bentham & Madison @SIUSchoolofLaw

Steven J. Macias, Southern Illinois University School of Law, is publishing Utilitarian Constitutionalism: A Comparison of Bentham & Madison in volume 11 of the NYU Journal of Law & Liberty (2018). Here is the abstract. Jeremy Bentham (1748–1832), the father … Continue reading

Posted in Constitutional Law | Tagged , , , , , , , | Leave a comment

Pragmatist Constitutionalism in Comparative Perspective

David Landau, Legal Pragmatism and Comparative Constitutional Law, in Elgar Handbook on Comparative Constitutional Theory (forthcoming 2018), available at SSRN. Mark Kende Law is a practical field. It resolves concrete disputes. Constitutional law, however, is often thought of as more theoretical … Continue reading

Posted in Administrative law | Tagged , , , | Leave a comment

[Ilya Somin] Originalism, Living Constitutionalism, and the Power to Initiate War

In a recent post at the Originalism Blog, prominent originalist legal scholar Michael Ramsey notes the phenomenon of nonoriginalists like Sen. Bernie Sanders claiming that Trump's recent air strike on Syria requires congressional authorization. In Ramsey's view, this conclusion is … Continue reading

Posted in Constitutional Law | Tagged , , , , , , | Leave a comment