The
CONSTITUTIONALIST

Greg Weiner’s This-Old-House Theory of Constitutional Obligation

Sotirios Barber is Professor of Political Science at the University of Notre Dame. Now’s hardly the time for what Brian Christopher Jones calls “constitutional idolatry” (Constitutional Idolatry and Democracy (2020)). America needs the virtues of the American founding, especially the courage of the founding, not “reverence” for the constitution that the founding produced. Global warming; … Continue reading Greg Weiner’s This-Old-House Theory of Constitutional Obligation

Roe and the Possibility of Compromise

This essay by Jon Shields of Claremont McKenna bears reading. Its thesis is that a difficult compromise on abortion can be reached by appealing to how most Americans view the issue: namely, Americans are more comfortable with abortions early in pregnancy and likelier to endorse fetal rights as pregnancy proceeds. Significantly, an atmosphere that is … Continue reading Roe and the Possibility of Compromise

The Forgotten Constitutionalist

Susan McWilliams Barndt is chair and professor of politics at Pomona College. She is a regular contributor to The Constitutionalist. John Dickinson is probably the most important American founder you’ve never heard of, or never thought much about.  Dickinson has faded into obscurity in part because, as his biographer Jane Calvert has put it, his “contemporaries … Continue reading The Forgotten Constitutionalist

What the 12th Amendment Presumes

I want to amplify one point in George Thomas’ excellent essay about John Eastman’s attempt to subvert the constitutional will of the public in 2020. Eastman’s reading of the Twelfth Amendment as giving the Vice President wholesale authority over the counting of votes is constitutionally implausible. The only official duty of the Vice President is … Continue reading What the 12th Amendment Presumes

John Eastman’s Big Lie

George Thomas is the Wohlford Professor of American Political Institutions and Director of the Salvatori Center at Claremont McKenna College. Professor Thomas is a regular contributor to The Constitutionalist. John Eastman was the architect of former President Trump’s plan to get his Vice President to declare him the winner of the 2020 election. The scheme turned … Continue reading John Eastman’s Big Lie

Claremont Institute Dissembles 

I agree entirely with Greg Weiner’s post on The Claremont Institute. To follow the Clue analogy, the evidence suggests, contrary to the Claremont Institute’s dissembling statement, that Eastman was doing far more than offering legal advice.  Here’s the memo itself. Maybe it could be read as only offering advice to Vice President Pence on his authority under the 12th Amendment.  … Continue reading Claremont Institute Dissembles 

Claremont Institute Dissembles 

I agree entirely with Greg Weiner’s post on The Claremont Institute. To follow the Clue analogy, the evidence suggests, contrary to the Claremont Institute’s dissembling statement, that Eastman was doing far more than offering legal advice.  Here’s the memo itself. Maybe it could be read as only offering advice to Vice President Pence on his authority under the 12th Amendment.  … Continue reading Claremont Institute Dissembles 

Claremont Plays the Victim Card

The Claremont Institute released a statement this morning defending John Eastman against charges that he tried to subvert the 2020 election by giving Vice President Pence a road map for impeding the Electoral College. It lodges two complaints. The first amounts to a claim that the media has misrepresented the precise manner in which Eastman … Continue reading Claremont Plays the Victim Card

Election Subversion and the Real Enemies of Democracy

This conversation with Bill Kristol and U Chicago law prof William Baude on the very real possibility of election subversion is worth watching. It gives us good reasons to be alarmed, without being alarmist. As Baude writes in an essay the conversation is based on, ”The real enemies of democracy . . . are those … Continue reading Election Subversion and the Real Enemies of Democracy

Thoughts on Revisiting New York Times v. Sullivan

I appreciate George’s thoughtful post on Justice Gorsuch’s view that the framework of New York Times v. Sullivan may facilitate the spread of falsehood. I have a handful of questions but few solutions. First, it strikes me that the problem is less the Sullivan standard than the subsequent cases that expanded its coverage from public … Continue reading Thoughts on Revisiting New York Times v. Sullivan

Loading…

Something went wrong. Please refresh the page and/or try again.


You are what you read. Subscribe now.

Subscribe for our regular newsletter to get an email you will look forward to reading.


About The Constitutionalist

The Constitutionalist is dedicated to the intellectual and political work of constitutional democracy. Our authors are open to a range of political perspectives, but we are unified by a capacious understanding of the constitutional endeavor–namely, we believe that constitutions are sustained not only by law, but also by civil society and civic norms. Using our expertise in political philosophy, American political development, public law, and political culture and literature, we aim to foster conversation across disciplinary lines and beyond the confines of academia. We believe this kind of conversation is vital to the creation and maintenance of good constitutions. Though we are interested in what happens elsewhere, our primary focus is on the American experience.

The Jack Miller Center is a 501(c)(3) nonprofit organization dedicated to reinvigorating education in America’s founding principles and history, an education vital to thoughtful and engaged citizenship. They support professors and educators who share our mission, offering programs, resources, fellowships, and more to help them teach our nation’s students—from high school through college.