Constitutional Commentary articles from March 22 2008

Constitutional Commentary archives from March 22 2008

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...

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,...

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...

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...

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...

Our Undemocratic Constitution: Where the Constitution Goes Wrong and How We the People Can Correct It.(Book review)
March 22, 2008... OUR UNDEMOCRATIC CONSTITUTION: WHERE THE CONSTITUTION GOES WRONG (AND HOW WE THE PEOPLE CAN CORRECT IT). Sanford Levinson. (1) Oxford University Press. 2006. Pp. ix + 233. $28.00 (cloth). Sanford Levinson's latest book, like his previous...

The Language of Liberal Constitutionalism.(Book review)
March 22, 2008... THE LANGUAGE OF LIBERAL CONSTITUTIONALISM. By Howard Schweber. (1) Cambridge University Press. 2007. Pp. 386. Hardback. $90.00. Studies of language and its relationship to democratic constitutionalism have yielded a number of insights, but...

Expounding the Constitution: Essays in Constitutional Theory.(Book review)
March 22, 2008... EXPOUNDING THE CONSTITUTION: ESSAYS IN CONSTITUTIONAL THEORY. Grant Huscroft, ed. (1) New York, Cambridge University Press. 2008. Pp. ix + 319. $85.00. INTRODUCTION In the first pages of Law and Disagreement, Jeremy Waldron reminds...