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What Do These Two Think About the Office to Which They Aspire?

Presidential debates neither are nor ought to be midterm exams. The people who administer midterms do not necessarily possess political wisdom (see “Wilson, Woodrow”), and the people who excel at taking them may be better at demonstrating technical detail than prudential judgment (see above). Thus questions that make a candidate stumble—and that can win the…

Constitutional Change, Article V, and the Presidential Election

Recently, I did a podcast interview on Constitutional Amendments and the Presidential Election.  The interview, which was conducted by the…

Hillbilly Empathy

Hillbilly Elegy is J.D. Vance’s raw, uncensored, personal history of his Scots-Irish family who struggled in Ohio after leaving their…

From the Blog

Mike Rappaport
University of San Diego School of Law

Constitutional Change, Article V, and the Presidential Election

Recently, I did a podcast interview on Constitutional Amendments and the Presidential Election.  The interview,…

Federalism and Consensus: The Contrasting Cases of Gay Marriage and Medical Marijuana

One common way of thinking about the possibility of federal reforms – in both the…

The Causes of the EpiPen Problem

The EpiPen has been much in the news. The product, which provides an immediate dose…

John O. McGinnis
Northwestern University School of Law

Deregulation Is Best for Competition, but Antitrust Can Be Second-Best

Over at our sister site, the Library of Economics and Liberty, David Henderson has a…

The Continuity of the Fourteenth Amendment with the Founding

At a splendid conference at the University of the South last weekend, the most important underlying…

Social Norms, Not the Constitution, Should Regulate Protests at Sport Ceremonies

President Obama weighed in recently on the controversy created by a football player refusing to…

Michael S. Greve
George Mason University Law School

Higher Ed Bingo

The Office for Civil Rights (OCR) periodically sends “Dear Colleague” letters to higher ed leaders,…

Liberalism, Populism, and the Politicization of Everything

As this post goes up I’m off to Germany, this time for some actual work.…

Presidential Power According to Jack Balkin

Earlier this month Jack Balkin (Yale Law School) and I found ourselves on an APSA/Claremont…

Liberty Law Forum

New York Attorney General Eric Schneiderman (C) speaks as Massachusetts Attorney General Maura Healey (2nd from R) looks on during a press conference at the office of the New York Attorney General, July 19, 2016 in New York City. They announced lawsuits against Volkswagen AG and its affiliates Audi AG and Porsche AG. (Photo by Drew Angerer/Getty Images)

Commandeering Federalism: The Rise of the Activist State Attorneys General

One of the most important developments in American politics and governance is that the attorneys general of the 50 states have become major players in national policy. Once relatively obscure stepping-stone positions focused mainly on small-bore issues, state AGs make their presence known today in area after area, be it health care, environmental regulation, guns,…

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Responses

They’re Not the Main Culprit

State attorneys general aren’t ruining federalism. It was already ruined, as Michael Greve’s 2012 classic The Upside Down Constitution chronicles. It is tempting to blame them, given how badly many state attorneys general behave. Some use their office to enrich themselves or their lawyer pals, or to pursue vendettas against adversaries. The attorney general of Pennsylvania,…

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State Attorneys General Didn’t Start the Fire

The American form of government, in the classic formulation of Justice Salmon Chase, contemplates “an indestructible Union composed of indestructible States.”[1] The Constitution, apart from assigning specific functions to the federal government, and prohibiting the states from exercising certain powers, largely leaves the determination of public policy to the 50 states. As numerous jurists, statesmen,…

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Federalism and State Attorneys General

There are many challenges in designing a federalist system of government. Perhaps the most daunting is how to create incentives for government officials to preserve a regime of state-by-state decisionmaking—especially when constituent pressures, partisan allegiance, or ideological beliefs tug in other directions. The U.S. Constitution tries to preserve state prerogatives by enumerating the powers of the…

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