Professor Levinson and the “Imbecilic” Constitution: Speaking Liberty to Power

    In a recent piece in the New York Times, Professor Sanford Levinson bewailed our Imbecilic Constitution.  In his article Professor Levinson claimed that “critics across the spectrum call the American political system dysfunctional, even pathological. What they don’t mention, though, is the role of the Constitution itself in generating the pathology. … Our vaunted system of “separation of powers” and “checks and balances” … means | Read More »

    Obamacare: Winning the Battle but Losing the War?

    Americans who respect the Constitution have been heartened by the oral arguments in the Supreme Court over the constitutionality of Obamacare.  Based on the thrust of the questioning and comments by Chief Justice Roberts and Justices Kennedy, Scalia and Alito, there is good reason to hope that not only will the individual mandate be ruled unconstitutional, but that as a result the entire 2,700 page | Read More »