January 23, 2018

Never mind wise: is war on Libya even constitutional?

We’ve been at war with Libya for about a week. The question here is not whether we should be at war with Libya, but rather, does the President have the right to take us to war with Libya absent a provocation against the United States? Giving the power to go to war to Congress, the […]

Is the Madisonian Republic dead?

Eric Posner and  Adrian Vermeule have an interesting new book out that is going to raise the ire of folks on both the right and the left: “The Executive Unbound: After the Madisonian Republic.” Are we in a post-Madisonian republic? I’ve not read it yet, but just the description on Amazon seems to indicate that what the book […]

“Don’t create a passive President”: Looking at “Signing Unconstitutional Laws” by William Baude (part 3, Conclusion)

Part three of my look at William Baude’s “Signing Unconstitutional Laws” (86 Ind. L. J. (forthcoming 2011))… today we are looking at the risks associated with signing unconstitutional laws. What are the risks? Even if, enlightened as he may be, the President signs the law with no intention of acting or executing it, there is […]

Give Iowa a try…

Image via Wikipedia Iowa judges are under attack for unpopular rulings that have permitted gay marriage in their state.  Unhappy about the rulings, and displeased that so few could overturn the will of the people, activists are looking to check the power of the judges by way of the ballot box. From the Wall Street […]

Immigration Debate: Federal or state purview?

Image by Renegade98 via Flickr Recently, the local Deseret News has seen debate on its opinion page, and carried over in the Facebook-sphere, on the immigration issue, especially as it relates to whether immigration policy is the purview of states or the federal government, and in many respects, it returns to Constitutional interpretation by the […]

Arizona appeals, but is the law misbegotten?

Image by Helen K via Flickr True to its promise, Arizona has appealed Judge Bolton’s ruling.  And the local sheriff promises to arrest protesters and put them in pink underwear…as if they weren’t already wearing it. “My deputies will arrest them and put them in pink underwear,” Arpaio said, referring to one of his odd […]

Christianity and the Common Law

Of all my posts, the question I tweeted a few weeks back about Christianity and the common law has gotten the most views, much to my surprise.  Despite the attention, I have no idea whether Christianity is a part of the American legal system’s common law.  Justice and mercy, and crime and punishment, the language […]