Constitutional Amendments – Once Again
Mike Rappaport

I have written several posts on the constitutional amendment process, but I cannot let Eric Posner’s new piece for Slate magazine pass without comment. Eric’s piece is an excellent example of the conventional wisdom that the constitutional amendment process is too difficult – a wisdom that I believe is seriously mistaken. Eric writes that “any proposal to amend the […]

Frank Buckley on Imperial Presidents
Michael Ramsey

In USA Today, Frank Buckley (George Mason Law School): King Obama our latest monarch: Separation of powers prevents Congress from reining in imperial presidents.  From the introduction: Unlike real kings, American presidents are elected, but they nevertheless enjoy powers a king would envy. George Mason, who declined to sign our Constitution in 1787, predicted this. […]

Evaluating Justice Black
Mike Rappaport

My last post argued that Justice Hugo Black was not the most overrated justice and in fact was a first rate justice. I thought I would comment here on attempts to rate Justice Black as a justice – a matter that was recently debated by Will Baude and David Bernstein of the Volokh Conspiracy. I always have a hard time with lists of great justices […]

Was Justice Black the Most Overrated Justice? No way!
Mike Rappaport

Cass Sunstein has a column arguing that Justice Hugo Black “who served from 1937 to 1971, is the court’s most overrated justice.” I strongly disagree with Sunstein (hardly the first time); I think Black is one of the best justices who served during the middle of the 20th century. Sunstein likes Black’s generally liberal decisions, but he […]

President Obama’s Decision to Sign and Not Enforce
Mike Rappaport

Recently, President Obama signed a bill into law and then announced that he would not enforce (or at least feel bound by) a provision in the bill. Once again, President Obama has aggressively asserted executive power – in a way that prior Presidents have, but that he and Democrats criticized before he became President. The law prohibited admittance to […]