Tag Constitution

Sense of righteousness

Robert A. Burt— The judicial task is not mechanistic but properly and necessarily involves judgment. In particular, judges must understand themselves as ultimately promoting equal deliberation among conflicting parties rather than imposing their own calculus of equality on the parties. This understanding is not alien to the judicial function; it

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The American Prophet – Louis D. Brandeis

Jeffrey Rosen— Recognizing Brandeis as an American prophet seems more relevant today than ever. Brandeis’s consistent opposition to the curse of bigness made him one of the greatest constitutional philosophers of the twentieth century. He is also the Jeffersonian prophet whose prophecies have been most consistently vindicated. The “people’s lawyer”

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The Federalist Papers: On Impeachment

Sanford Levinson— Federalist 65: The Senate’s Confirmation and Impeachment Powers One of the most important distinction between the Senate and House, with regard to their constitutionally granted powers, concerns the former’s unique role in confirming presidential appointments. It is utterly irrelevant, as a formal matter, what the House thinks about

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Can Presidents Be Prosecuted?

Brian Kalt— President Trump has been nothing if not unconventional. Time and again, he has upended traditions and institutions, blowing past those who say, “You can’t do that!” and replying, “I just did!” But in the process of upsetting so many apple carts, he is also teeing up an object lesson in

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The Substance of the Constitution: Rights, Structures, Conventions

Mark Tushnet— Donald Trump’s election and the first weeks of his presidency show us some of the ways in which the Constitution matters. When trying to understand how our constitutional system works, I like to identify three “parts” of the Constitution: rights, structures, and conventions. It’s easiest to focus our

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George Washington’s Lessons on Discretion in Politics

Lorri Glover— Among people Donald Trump refers to as his “fans,” one of the most commonly expressed attractions to his improbable presidential candidacy is that he “tells it like it is.” Setting aside the not insignificant matter of accuracy (what “it” actually is), the claim speaks to a culture-wide clamoring

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Why the Constitution Matters

Happy Constitution Day! In Why the Constitution Matters, Harvard Law professor Mark Tushnet poses a seemingly simple question and provides us with a thoroughly unexpected answer, forcing us to question our understanding of the Constitution. He broadens our understanding of the Constitution and shows us how this document structures our

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Why Aren’t We Celebrating Constitution Day?

Lorri Glover— Today is Constitution Day, not that you would know it. The anniversary has never sparked the public imagination. Forget rivaling the 4th of July. Constitution Day doesn’t garner the publicity or even the retail sales of Presidents’ Day. This blasé attitude toward Constitution Day runs counter to Americans’

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