On this Constitution Day weekend, one of the timeless components that have allowed the United States Constitution to survive for over 225 years has been the design elements that help prevent self-dealing and reduce overt temptation. John Rawls (1921-2002), an American moral and political philosopher focused on the political decision-making process and inherent biases. In… Continue reading Rawls and the Veil of Ignorance in the Constitution
Category: Policy and Politics
Why Positive Legal Analysis Matters
While there is an argument that the normative “should” questions of the law create an exciting approach to legal thinking, there are many areas, particularly in constitutional law, where the positive analysis of what the Constitution says and the interpretation of the meaning of the words creates a field of legal scholarship. The criteria here… Continue reading Why Positive Legal Analysis Matters
The Economist Gets It – The New Political Divide is Open vs. Closed, not Left vs. Right
I agree. International cooperation is foundational for peace and global prosperity. Openness doesn’t mean losing sovereignty, but collaboration, cooperation, and a recognition that we are all interconnected by technology, a global economy, and shared humanity. “They must also acknowledge, however, where globalization needs work. Trade creates many losers, and rapid immigration can disrupt communities. But… Continue reading The Economist Gets It – The New Political Divide is Open vs. Closed, not Left vs. Right
A Constitutionalist’s View of The Hillary Clinton E-Mail Investigation
Being a Constitutionalist means that sometimes the results are not what you like but are what the constitution requires. In the case of the FBI investigation of Hillary Clinton, there have been calls of a cover-up, a politically motivated result, and a politically motivated House investigation. Vikram Amar notes, however, that the United States Constitution… Continue reading A Constitutionalist’s View of The Hillary Clinton E-Mail Investigation
Missouri v Jenkins (93-1823), 515 U.S. 70 (1995)
A great observation by the Washington Policy Center’s Jason Mercier…especially for our judges and justices. Jason Mercier July 20 at 1:53 pm · With McCleary in the news, interesting concurrence from Justice Thomas in this 1995 U.S. Supreme Court case: https://www.law.cornell.edu/supct/html/93-1823.ZC1.html. “When we presume to have the institutional ability to set effective educational, budgetary, or administrative… Continue reading Missouri v Jenkins (93-1823), 515 U.S. 70 (1995)