Earlier this week, I said that I probably would not have time to respond immediately to any comments that my fellow Conspirators might post in response to my guest blogs this week. And in fact, I don’t have time to do a proper job — I am on the road this week — but the […]
Author Archive | Prof. Akhil Reed Amar, guest-blogging
On Equality and the Federal Government: A Reply to Somin
In a recent posting, Ilya Somin says the following: “Beginning with the famous case of Bolling v. Sharpe (1954), the Supreme Court retroactively applied the [Fourteenth] Amendment’s restrictions on racial discrimination to the federal government. But no one imagined that the amendment applied to the federal government at the time it was enacted.” In Chapter […]
“De-habilitating” Lochner: A Response to David Bernstein
In my previous two posts as a guest blogger this week, I have served up a few thoughts about Conspirators Randy Barnett and Eugene Volokh, and the ubiquitous Richard Posner. Today, I offer a few words about David Bernstein. In Chapter 6 of my new book — oh, have I mentioned in the last thirty […]
Freedom of Speech in America’s Unwritten Constitution (With Some Thoughts on Volokh, Posner, and Scalia)
My new book, America’s Unwritten Constitution: The Precedents and Principles We Live By, is organized around different techniques of constitutional interpretation. Throughout the book, I use the freedom of expression as a testing ground for various interpretive approaches. As I explain in the book’s Introduction: Textually, [the freedom of speech] appears in the First Amendment, […]
America’s Unwritten Constitution: An Open Letter to Randy Barnett
Though I’m an avid reader of The Volokh Conspiracy, I have never posted on this (or any other) blog — until now. Eugene has kindly invited me to try this blogging thing on for size, and this week seems the perfect time to accept his kind invitation. The stars are all in line: This […]