Prof. Kerr asks a good question, one that touches on a point that differentiates my argument from that of some of my allies, and one that gives rise to another point that I think strengthens my view. How should a judge act if the American people were to ratify a constitutional amendment that explicitly adopted […]
Archive | 2014
“The Nation” has No Credibility
If it did, it wouldn’t have published this obituary of Ariel Sharon by professional anti-Israel agitator Max Blumenthal. I’m not a big Sharon fan, but it’s not the negative nature of the obituary that’s problematic. Rather, I’m not sure I’ve ever seen a more consistently dishonest appraisal of historical fact in the Arab-Israeli conflict, at […]
Right to Physician-Assisted Suicide for “Mentally-Competent, Terminally-Ill Individual[s]”
A New Mexico trial court in today’s Morris v. Brandenberg (N.M. Dist. Ct. Jan. 13, 2014) holds that the New Mexico Constitution protects such an unenumerated right, though the U.S. Constitution does not. Not clear what the New Mexico appellate courts will do with this, though.
Mauritanian Convicted of Apostasy
AllAfrica and The Malay Mail Online, as well as other outlets, so report. From AllAfrica: A young Muslim man in Mauritania is facing a possible death sentence after being convicted of apostasy and jailed for having written an article criticising the prophet Mohammed, a judicial source said … He … “was convicted of lack of […]
Nigeria Outlaws Membership in Gay Rights Groups
Reuters reports; the law apparently provides that, Any person who registers, operates or participates in gay clubs, societies and organizations or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offence and shall each be liable on conviction to a term of 10 years in prison. The law also “contains […]
Gun Control, Mass Shootings, and Political Ignorance
By Ilya Somin on January 13, 2014 5:54 pm in Criminal Law, Democracy and Political Ignorance, Guns, Political Ignorance, Public Opinion
Law professor Josh Blackman and Yale student Shelby Baird have posted an interesting paper entitled “The Shooting Cycle,” on the reaction of public opinion to mass shooting incidents, like the tragic events in Newtown and the Washington Navy Yard in 2012 and 2013. Political ignorance plays an important role in their explanation for why such […]
A Question for Tim Sandefur
Reading Tim Sandefur’s first guest post, I have a quick clarifying question. Let’s say that the public disagrees with Tim’s view, and that to make its point, a constitutional amendment pursuant to Article V is passed that explicitly approves the existing status quo of judicial interpretation and explicitly rejects the Declaration of Independence as a […]
See a Crime and Videorecord It? Go to Prison
That’s what this proposed South Carolina bill (S.B. 878) (sponsored by Sen. Sheheen — who is running for governor — and now before the Senate Committee on the Judiciary) would provide: (A) It is [a felony punishable by up to five years in prison] for a person to produce or create, or conspire to produce […]
Upcoming Talks in Boston on Democracy and Political Ignorance
By Ilya Somin on January 13, 2014 11:10 am in Democracy and Political Ignorance, Political Ignorance
This week on Thursday and Friday, I will be giving three talks in Boston on my book Democracy and Political Ignorance: Why Smaller Government is Smarter, sponsored by student Federalist Society chapters at their respective law schools: Thursday, Jan. 16 12:15: Boston College Law School, East Wing 115A 3:30 PM: New England School of Law, […]
The Conscience of The Constitution: An Introduction
It’s great to be back guest-blogging at The Volokh Conspiracy. And it’s well-timed, because just the other day , Prof. Volokh quoted one of my favorite passages from Lincoln, one I use on the first page of The Conscience of The Constitution. The theme of my book is that the clash of these two conceptions […]
The Corporatist Legacy of the Auto Bailouts
Over the past few weeks Fiat finished buying Chrysler and the government sold its final stake in General Motors. I have a summing up of the “The Corporatist Legacy of the Auto Bailouts” at the Law and Liberty blog today.
Is Concern about “Czars” Purely a Partisan Issue?
Quite a few commenters responded to my post about President Obama’s use of high-level appointees not subject to Senate confirmation, colloquially known as “czars,” with some version of the claim that the whole issue is a purely partisan attempt by right-wing Republicans to attack the president. It’s therefore worth pointing out that to their credit, […]
What’s the Word for
… a word that cannot effectively be used in conversation (or in writing) because your audience likely doesn’t know what it means? Credit to David Steinberg for the question.
Farewell, Thanks, and the Future of Originalism
By Profs. John McGinnis & Michael Rappaport, guest-blogging on January 12, 2014 7:03 pm in Originalism and its Critics
We very much enjoyed our week of blogging at the Conspiracy and once again want to thank Eugene, the other Conspirators, and the commenters. Many comments raised important and interesting points that we were not able to discuss in 5 posts. Those interested will find our views elaborated at much greater length in the book. […]
Tim Sandefur Guest-Blogging
I’m delighted to report that Tim Sandefur will be guest-blogging this coming week about his new book, The Conscience of The Constitution, which has just been published by the Cato Institute. Tim is a principal attorney at the Pacific Legal Foundation, a national libertarian public interest legal group that defends economic liberty and private property […]