Tuesday, March 18, 2008 - Posts
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Well, Eric, I'm suppose I'm a bit relieved that you were not proposing a catch-all limiting principle for identifying rights when interpreting our own Constitution, but were instead merely "addressing the question of 'would we want to put gun rights in Read More...
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Marty , I wasn't making an argument about constitutional interpretation but about constitutional theory. In other words, not "what is the right outcome of the Heller case?", but "would we want to put gun rights in the Constitution if we were to start Read More...
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Eric, if I understand your post , you argue that constitutional rights should only be recognized where they would help to prevent the political party in power from "entrench[ing] itself and undermin[ing] political competition" -- in other words, to help Read More...
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I'm Rich Ford of Stanford Law School. As Dahlia mentioned, my wife just gave birth to our second child (thanks Dahlia for the well wishes) so I've not been on top of blogging (or anything else)--sorry this is a bit on the late side. I write about civil Read More...
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The effect of declaring some activity as being protected by a constitutional right is to remove it from democratic politics. If the activity is expressing dissatisfaction with the government, then the people, acting through their government, cannot suppress Read More...
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[Adam White] Dawn, you seemed to misunderstand my argument when you ascribed to me the position that "we can have constitutional entities not squarely in one of the three constitutional boxes." In the first part of my argument , I tried to make clear Read More...
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Is the Roberts Court about law or politics? The DC gun case gives the Justices a unique opportunity to try out an internal procedure that might silence those who insist that Supreme Court judgment consists of little more than 4 conservatives arrayed against 4 liberals moderated by Justice Kennedy's perspective du jour. Read More...
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If I teach Constitution Law again, I think I'll be assigning the speech Barack Obama just gave. (I just posted on this over at XX Factor as well). Always seems to me that the toughest thing about teaching Con Law is that in some ways it's a course about Read More...
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by Dawn Johnsen For this my inaugural substantive blog I want to pose a question much on my mind: how do we restore our nation's honor, as well as our own? I am a bit tempted instead to join the fray over VP Cheney's filing of the D.C. guns brief, flatly Read More...
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[Marty Lederman] Because surely not enough has yet been written about the Heller case ... I thought I'd weigh in with three fairly discrete observations about it. These remarks in certain respects complement what Akhil Amar and Kenji Yoshino have recently Read More...
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Mukasey's comments were stupid and more than a little inappropriate. But like Eric, I have a certain sympathy for his mixed feelings here. While I oppose the death penalty as a policy matter, in a legal culture in which we reserve the right to execute Read More...
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