Constiutional liqidation had three key elements First, there had to he a tetal indeterminacy
Clear priinsn could not be liquidated, because pratice could" expound" the Constituto but …

In this groundbreaking interpretation of America's founding and of its entire system of judicial
review, Larry Kramer reveals that the colonists fought for and created a very different system …

Progressive confidence in constitutional adjudication peaked during the Warren Court and
its immediate aftermath. Courts were celebrated as" fora of principle,"'privileged sites for the …

Ever since Arthur M. Schlesinger Jr. used" imperial presidency" as a book title, the term has
become central to the debate about the balance of power in the US government. Since the …

For the past several years I have been noticing a phenomenon that seems to me new in my
lifetime as a scholar of constitutional law. I call the phenomenon constitutional hardball. This …

[T] he law cannot hope to sustain [its] compound burden of stability, flexibility, and
transparency unless it pays scrupulous attention to its own taxonomy....[T] he understanding …

2002 Term has shattered entrenched images of the Rehnquist Court. If in its early years the
Rehnquist Court was commonly tasked for its excessive deference to" majoritarian" …

In the legal academy, scholarship about judicial review is predominantly normative. It is
largely about how judges should decide cases' and what posture they ought to take toward …

Because Section 5 of the Fourteenth Amendment vests in Congress" power to enforce, by
appropriate legislation, the provisions of this article,"'the great rights contained in Section 1 …

It is a pleasure and a privilege to comment on Larry Kramer's 2002 Jorde Lecture. Beautifully
crafted, deeply erudite, sharply original, and resonant with passionate conviction, the …