fbpx

|, , , , , , ,

The Politics of Judicial Review: A Conversation with Keith Whittington

by |2 Comments

Keith Whittington discusses his reassessment of judicial review in his new book Repugnant Laws

|, , ,

Judicial Checks and Moral Hazard

by |10 Comments

Brian A. Jackson/Shutterstock.com
We are settling into a lasting pattern of both parties in Congress assuming it is the courts’ job, not their own, to protect their institutional power.

|, , , , ,

Counterculturalism Rightly Understood

by |5 Comments

Opposing radical individualism, Lawler and Reinsch look to the unwritten constitution as the key to understanding how to form citizens in a democratic age.

|, , , ,

An Impotent Congress Can’t Impeach Trump

by |3 Comments

WASHINGTON, DC: Nancy Pelosi addresses a crowd of supporters at a rally on the Capitol steps.
The Democratic Congress lost the impeachment fight before it even started.

|, , , ,

How to Rebalance Power Between Congress and the Executive Branch

by |8 Comments

U.S. Capitol (Tono Balaguer/Shutterstock.com)
Congress faces an inherent collective action problem relative to the President, one that means legislators underinvest in the institution itself.

|, , , ,

The Supreme Court Will Not Save Us

by |17 Comments

Statue of George Washington at Federal Hall, New York, New York (Becca Eley / Shutterstock.com).
We, however, are determined to learn whether responsible and disciplined—in a word, constitutional—government can survive the death of civic piety.

|, , , , , ,

Government by Emergency: Are Two Generations of Crisis Enough?

by |5 Comments

shutterstock.com
The oldest emergency proclamation dates to the Carter Administration, 40 years ago. Two generations of crisis are enough.

|, , ,

The President’s Emergency Declaration Is the Congressional Check on Presidential Power

by |3 Comments

President Donald Trump at a press conference in New York, New York on September 26, 2018 (Evan El-Amin/Shutterstock.com).
President Trump’s declaration of a national emergency is the check on executive prerogative, not the exercise of it.

|, , , , , , ,

James Madison Won the Shutdown

by |9 Comments

U.S. Capitol (Tono Balaguer/Shutterstock.com)
Partisan disputes come and go, but the encouraging development was institutional: the House of Representatives stared down the presidency and won.

|, , , ,

The Emergency Is Outcome-Based Constitutionalism

by |18 Comments

A government with distributed authority has restrictions on its powers.

About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund.

© 2019 Liberty Fund, Inc.