Tag Archives: Constitutional decisionmaking

The Law of the Constitution

By all accounts, today in Iowa, Speaker Gingrich goes to face a great defeat, with pundits expecting him to lose by something close to double digits to both the ideologically vacant Mitt Romney, and faux-constitutionalist crank Ron Paul. Gingrich’s fading fortunes come as a credit to the intelligence of Iowa caucus voters, but the continued […]

Independent Constitutional Duties

Whew, what a weird day. Sorry for the long, long delay… Andrew Sullivan cites Ben Adler of Newsweek, and Ramesh Ponnuru of The National Review, clashing over the Pledge to America item calling for constitutional justification of each bill passed by the Congress. Adler, apparently, feels the duty is duplicative of the Supreme Court’s responsibility […]

Meaning: The Central Fallacy of Conservative Constitutionalism

It appears that, by now, I’ve missed Constitution Day, which is too bad, as the right ought not be allowed to get away with recasting the day as some paean to an idyllic past that never existed. Senator Hatch’s contribution to that disingenuous goal: These days, some treat the Constitution as if it were something […]

AEDPA & Troy Davis: The Death Penalty, Actual Innocence, and Federal Deference

There are few political footballs that’ve been kicked around more, and with greater reprecussions, than the writ of habeas corpus. The “great writ,” of course, traces its origin to the Magna Carta — “no free man shall be taken, imprisoned … or any other wise destroyed … but by lawful judgment of his Peers” — […]