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The Politics of Judicial Review: A Conversation with Keith Whittington

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

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Judicial Checks and Moral Hazard

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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.

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Counterculturalism Rightly Understood

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

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An Impotent Congress Can’t Impeach Trump

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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.

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How to Rebalance Power Between Congress and the Executive Branch

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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.

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The Supreme Court Will Not Save Us

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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.

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Government by Emergency: Are Two Generations of Crisis Enough?

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

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

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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.

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James Madison Won the Shutdown

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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.

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The Emergency Is Outcome-Based Constitutionalism

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A government with distributed authority has restrictions on its powers.

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