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Richard Epstein responds to Levinson’s Jeffersonian Proposal

I have been asked for my response to Sanford Levinson’s plea for a Jeffersonian approach to constitutionalism that refuses to treat the document as the Ark of the Covenant and treats it as a social...

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Precedent and the Health Care Decision

At the New Republic, Adrian Vermeule has an excellent essay on precedent.   Vermeule makes the following points: 1.  “Precedent has limited constraining force, especially in hard cases at the Supreme...

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Leftward Drift Makes It Harder for Republicans to Confirm a “Moderate”

Some have called on the President and the Senate Republicans to compromise on the replacement for Justice Antonin Scalia: The President should nominate a “moderate” candidate whom the Senate would then...

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Leftward Drift Makes It Harder for Republicans to Confirm a “Moderate”

Thomas Piketty speaking in Tokyo, Japan, January 29, 2015 (Image: Sho Tamura/AFLO/Alamy Live News)Some have called on the President and the Senate Republicans to compromise on the replacement for...

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Richard Epstein responds to Levinson’s Jeffersonian Proposal

I have been asked for my response to Sanford Levinson’s plea for a Jeffersonian approach to constitutionalism that refuses to treat the document as the Ark of the Covenant and treats it as a social...

View Article


Precedent and the Health Care Decision

At the New Republic, Adrian Vermeule has an excellent essay on precedent.   Vermeule makes the following points: 1.  “Precedent has limited constraining force, especially in hard cases at the Supreme...

View Article

Leftward Drift Makes It Harder for Republicans to Confirm a “Moderate”

Some have called on the President and the Senate Republicans to compromise on the replacement for Justice Antonin Scalia: The President should nominate a “moderate” candidate whom the Senate would then...

View Article
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