Tag: constitutional interpretation

Home / (Page 7)

The Filibuster and the Constitution

By
|
In Uncategorized
|
On August 6, 2009
To make some comments on the conversation between Drum and Yglesias (and Hertzberg): The case for the constitutionality of the filibuster starts from a compelling basis: Article I specifies that “Each House may determine the rules of its proceedings.” Against this, Kevin makes an argument from structural inference: “The fact that certain types of legislation […]

Let’s Get Realist

By
|
On July 28, 2009

I don’t necessary agree with every nuance — to say that law isn’t determinate is different than saying that there is “no law” — but I’m still gratified to see

State Secrets and Military Procurement

By
|
In Uncategorized
|
On May 5, 2009
The State Secrets Privilege has been receiving an enormous amount of attention lately, mainly in connection with the Obama administration’s invocation of the privilege in the Jeppesen case. This invocation, which recalled similar invocations on the part of the Bush administration, incurred a substantial amount of criticism from civil libertarians and critics of Bush administration […]

Dubious Soldiers In A Good Cause

By
|
In Uncategorized
|
On March 3, 2009
While as most if you know I certainly agree with David RePass’s general hostility to the filibuster, some of his specific arguments here are problematic. His conclusion — that the solution to the problem of adding yet another onerous supermajority requirement to a constitutional order that already has too many veto points is to force […]

Seating Burris

By
|
On January 7, 2009

My position on the Senate’s authority to refuse to seat Roland Burris appears to be in conflict with several of the legal scholars I most admire (cf. Tushnet, Balkin, and Amar, but see also Levi

Marshall on the Filibuster

By
|
In Uncategorized
|
On December 14, 2008
Via LP, Josh Marshall’s argument on why Senate Dems need to protect the filibuster is just a touch underspecified: It is just bad practice — especially in the face of the last eight years — for numerical majorities not only to use the power of their numbers in straight up votes but to change the […]
It is main inner container footer text