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 …

Emergency governance, we are often told, is executive governance. Only the executive has
the information, decisiveness, and speed to respond to crises, and so the executive is not …

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 …

New democracies around the world have adopted constitutional courts to oversee the
operation of democratic politics. Where does judicial power come from, how does it develop …

From the birth of the administrative state, we have struggled to describe our regulatory
government as the legitimate child of a constitutional democracy. That is, we have sought to …

F or all his genius, John Marshall is seldom included among Amer-ica's great political or
legal rhetoricians. He penned some decent enough lines, but nothing with the power …

The visible anger directed at the Florida Supreme Court by most of the justices who voted to
hear Bush v. Palm Beach County could explain why they ignored the political question …

[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 …

Constitutional argument runs on the rails of" modalities." These are the accepted categories
of reasoning used to make claims about the content of supreme law. Some of the modalities …

Self-help doctrines pervade the law. They regulate a legal subject's attempts to cure or
prevent a perceived wrong by her own action, rather than through a mediated process. In …