Constitutional Commentary articles

Recent articles from Constitutional Commentary

Why tolerate religion?
March 22, 2008... I. PRINCIPLED TOLERATION Religious toleration has long been the paradigm of the liberal ideal of toleration of group differences, as reflected in both the constitutions of the major Western democracies and in the theoretical literature explaining and justifying these practices. While the...

What would Justice Powell do? The 'alien children' case and the meaning of equal protection.
March 22, 2008... The debate over national immigration policy is at fever pitch. Harsh anti-immigrant rhetoric dominated the discourse during the early Republican presidential primaries. Congressional gridlock has led states and cities, many far from the border, to take matters into their own hands by enacting...

Really cool stuff: digital searches into the constitutional period.
March 22, 2008... It is becoming considerably easier to find and organize the documents that have survived from the period of the adoption of our Constitution by electronic searches into digital archives. Research that once took years to accomplish can be pulled together in hours, sometimes even minutes....

Judging facts like law.
March 22, 2008... INTRODUCTION The Supreme Court's review of legislative facts found by Congress can make all the difference between enjoying a constitutional right and losing it. The Court's recent decision in Gonzales v. Carhart (1) powerfully illustrates this point. There the Court in an opinion by...

Terror in the Balance: Security, Liberty, and the Courts.(Book review)
March 22, 2008... TERROR IN THE BALANCE: SECURITY, LIBERTY, AND THE COURTS. By Eric A. Posner (1) & Adrian Vermeule. (2) New York, Oxford University Press. 2007. Pp. 328. $29.95. This review of Eric Posner & Adrian Vermeule's book Terror in the Balance Security, Liberty and the Courts is constructed in...