Author Archive | Ilya Somin

More on Egypt, Constitutionalism, and Democracy

At the Liberty and Law blog, Michael Rappaport has posted a thoughtful response to my recent post arguing that liberal democrats are sometimes justified in supporting restrictions on democracy in cases where the majority public opinion is highly illiberal. I cited survey data and other evidence suggesting that Egypt is probably such a case. Michael […]

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Upcoming Huffington Post Live Discussion on Egypt, Constitutionalism, and Democracy

This Monday at 4:30 PM (eastern time), I will be participating in a Huffington Post Live video discussion on democracy, constitutionalism, and their role in recent events in Egypt. I don’t yet know the exact parameters of the discussion or who the other participants will be (the organizers indicated that this article helped inspire them […]

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France’s NSA-Like Electronic Surveillance Program

Yesterday, the major French newspaper Le Monde published an article revealing that the French government runs a massive electronic surveillance program similar to the US NSA program that has caused massive international controversy. Here is a summary of the revelations in English, published by the left-wing British newspaper The Guardian. For French-speaking readers, the original […]

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Restricting Democracy in Order to Protect Other Liberal Values

Some argue that it would be hypocritical for the United States or other Western nations to support the recent military coup against radical Islamist Egyptian President Mohammed Morsi. After all, we supposedly champion democracy, and Morsi was democratically elected. Whether the US should endorse the post-coup government, oppose it, or take a wait-and-see attitude is […]

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A Real Live Third Amendment Case

The Third Amendment, which forbids the “quarter[ing]” of “soldiers” in private homes in peacetime without the owner’s consent, is often the butt of jokes among lawyers, because it generates so little litigation. But the Amendment has come up in this ongoing Nevada case, along with the Fourth Amendment and state law claims [HT: my former […]

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Updated Reflections on the Revolution in Egypt

When the Egypt’s Mubarak dictatorship began to collapse two years ago, I wrote a post entitled “Reflections on the Potential Revolution in Egypt,” shamelessly copying Edmund Burke. I suggested that the rebellion could easily end up establishing a regime even worse than Mubarak’s was. Unfortunately, the new radical Islamist government of Mohammed Morsi did indeed […]

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Frederick Douglass on How We Should Remember the Civil War

On Civil War anniversaries, like today’s 150th anniversary of the end of the Battle of Gettysburg, it has become traditional to commemorate both sides equally. There is some logic to this practice. We do not want to unnecessarily perpetuate sectional grievances, or be seen as somehow blaming today’s white southerners for the wrongs of earlier […]

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Did the Obama Administration have a Duty to Defend DOMA?

I have a somewhat different perspective than co-blogger Todd Zywicki on the Obama administration’s decision not to defend DOMA in court. In my view, the President’s duty to uphold the Constitution supersedes any obligation he might have to defend a federal statute. Therefore, if he sincerely believes that a federal law is unconstitutional, he should […]

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The First Anniversary of the Obamacare Decision

Today is the first anniversary of NFIB v. Sebelius, the Supreme Court’s controversial decision in the Obamacare case. It is still too soon for us to fully appreciate the long-term impact of the ruling. We are also still far from reaching any kind of consensus about the correctness of the Court’s decision. For the moment, […]

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Stuart Taylor’s Response to My Post on Prospects for Challenges to University Affirmative Action Policies After Fisher

Well-known columnist Stuart Taylor has posted a thoughtful response to my critique of his earlier post arguing that the prospects for future challenges to university affirmative policies after Fisher are bleak: Ilya Somin has posted a critique of my Minding The Campus commentary worrying that the Supreme Court’s decision in Fisher v. University of Texas […]

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