Imagine that your party has stacked the judiciary with ideologues willing to aggressively pursue your political agenda. The Supreme Court, having ruled in favor of electoral authoritarianism, is on the brink of making progressive policy impossible. What would you do if you narrowly lose one case? If you’re playing the odds, you take the loss. […]
Tag: rule of law
Yep, the Tea Party is in many respects echoes Jacksonianism. And I certainly don’t mean that as a compliment.
Michael Lind asks if anyone in America believes in the rule of law? It’s a good question, but his response to it reveals it’s a much tougher one to answer than he imagines. First, he excor
Since this post has occasioned much unhappiness, I’d like to respond to a few points. (1) The primary defense for open-ended judicial review that deploys vague constitutional generalities (equal protection, substantive due process etc) appears to be that we’ve always done things this way and what about Brown v. Board of Education? As to the […]
This is a good quote from Letter From a Birmingham Jail. My favorite: Let us consider a more concrete example of just and unjust laws. An unjust law is a code that a numerical or power majority group