Archive | Constitutional Theory
Turning Federalism Right-Side Up – My Review of Michael Greve’s The Upside-Down Constitution
By Ilya Somin on December 11, 2012 10:45 am in Commerce Clause, Constitutional Law, Constitutional Theory, Federalism, Necessary and Proper, Taxing and Spending Clause
Does any government have the legitimate power to ban medical marijuana?
By David Kopel on December 10, 2012 10:25 pm in Constitutional History, Constitutional Law, Constitutional Theory, Criminal Law, Growth of Government, Paternalism
Do You Have to Be a Lawyer to Understand the Constitution?
Constitutional Law After ObamaCare
By Nick Rosenkranz on November 25, 2012 7:00 pm in Constitutional Law, Constitutional Theory, Continuing Legal Education
Secession, Family Law, and Political Science
By Eugene Kontorovich on November 23, 2012 11:53 am in Constitutional Theory, International Law, Uncategorized
The Significance of West Coast Hotel v. Parrish: Originalism vs. Living Constitutionalism?
By David Bernstein on October 10, 2012 3:48 pm in Constitutional History, Constitutional Law, Constitutional Theory, Rehabilitating Lochner
Political Norms and the Unwritten Constitution
Rejoinder to Akhil Amar on the Application of the Fourteenth Amendment to the Federal Government
By Ilya Somin on September 13, 2012 6:23 pm in Constitutional Theory, Originalism, Racial Discrimination
Larry Solum on the Countermajoritarian Difficulty
By Ilya Somin on September 10, 2012 11:20 am in Constitutional Theory, Democracy, Representation-Reinforcement
Originalism and Affirmative Action
By Ilya Somin on September 7, 2012 11:20 am in Affirmative Action, Constitutional Theory, Fisher v. University of Texas, Originalism
Echoes of Robert Hale
By David Bernstein on September 4, 2012 5:00 pm in Constitutional History, Constitutional Law, Constitutional Theory, Rehabilitating Lochner
Ed Whelan’s Critique of Posner’s Critique of Scalia
The Top Ten Libertarian Supreme Court Decisions
By Ilya Somin on August 2, 2012 6:17 pm in Constitutional History, Constitutional Law, Constitutional Theory, Libertarianism
Left, Right, and Judicial Review
By Ilya Somin on July 12, 2012 5:43 pm in Conservatism, Constitutional History, Constitutional Theory, Federalism, Health Care, Individual Mandate, Originalism