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Constitutional Law

The Long View 2005-06-07: The New Jersey Primary, and Worse

This is a great quote: When I was young, I was quite a prig about not using drugs, and I have not mellowed over time. On the other hand, I often shock people who know me with the argument that most drugs should be legalized, even for recreational purposes, simply

The Long View: How to Prevent a Civil War

This post by John Reilly is again relevant with the recent 9-0 decision by the Supreme Court to allow part of President Trump's travel ban to take effect. If you believe John's analysis from 21 years ago, this is to be expected from a Court that

The Long View 2005-03-25: Good Friday

This quote is remarkable, and has colored my view of government and constitutions ever since: Griswald-Roe-Caseyeven if the constitution says the sovereign has no such power Pre-constitutional functions of government is a great turn of phrase. Good Friday Terri Schiavo does not have long now, unless some official decides to

The Long View 2005-03-04: Secret Writings

H. P. Lovecraft's place in the American canon is assured. Secret Writings As a matter of policy, I cannot say that I was ever very keen on the practice of executing people who committed murders as juveniles, so I am not altogether displeased with this week's

The Long View 2004-09-24: Jurisdiction, Under God; Niall's Little England; Kerry Defended

I still think John is right that it wouldn't be possible at present for Congress to use it's theoretical authority to define the jurisdiction of the federal courts. In another generation, who knows? Jurisdiction, Under God; Niall's Little England; Kerry Defended I see that

The Long View 2004-09-10: Fraud, Prudence, & Treason

Oh for the controversies of only thirteen years ago. W received political favoritism in his National Guard service? I'll take that over the present. John made a prediction here that became a counterfactual: if Roe v. Wade had been overturned in W's second term, the parties

The Long View 2004-06-04: Art Imitates Death

John references C. P. Snow's famous essay The Two Cultures and the Scientific Revolution in this post. While much has changed in the last sixty-seven years, much has also stayed the same. Most politicians in the English-speaking world continue to come from law, poli sci, and the social