Archive
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Articles
Supreme Confusion
Dispelling the Myths of Abortion History by Joseph W. Dellapenna Carolina Academic Press, 1,300 pages, $95 History has not been kind to Justice Harry Blackmun’s opinion for the Supreme...
Put on Your Body Armor
Concerning yesterday’s decision in Gonzales v. Carhart , a few preliminary observations based on a very quick reading: The Supreme Court’s abortion jurisprudence remains a singular embarrassment. That fact...
The Supreme Court Rules: 2005
This year’s Supreme Court term was, all things considered, a fairly mild affair”if by mild is meant no declarations of freshly minted constitutional rights or sudden detours into unexplored...
The Supreme Court Rules: 2004
The Supreme Court Rules: 2004 by Michael M. Uhlmann For those old enough to remember the way things used to be, the media hoopla that now attends the conclusion...
The Supreme Court Rules
Not so very long ago, defenders of judicial activism felt it necessary to justify how an unelected body of lifetime appointees could become the definitive voice of constitutional authority...
Zelman: The Court Gets It Right
Several months on, we can begin to appreciate the full importance of the Supreme Court’s June 27, 2002 decision upholding the Cleveland school voucher program (Zelman v. Simmons-Harris). Anxious...
The Implosion of American Federalism
Next to the exponential growth of government itself, the most noteworthy feature of American political institutions in the past half-century has been the rise and acceptance of judicial supremacy....
The Supreme Court 2000: A Symposium
“God save the United States and this Honorable Court!” From the beginning, every session of the Supreme Court has opened with that prayerful injunction. Now that five Justices have...
Rewriting the Founders
Ever since Professor Woodrow Wilson laid it down as an article of Progressive faith that the (original) Constitution was inadequate to the tasks of modern governance, academic scriveners have...
The Coming Crisis
American society may soon embark upon the most important constitutional debate since the early nineteenth century. Then the issue was slavery, and the question was whether one human being...
The Legal Logic of Euthanasia
Critics of Roe v. Wade have long contended that the principles used to justify abortion would soon or late be used to justify other forms of medical killing such...
Liberty and Sexuality
It is now twenty-one years since Harry Blackmun assaulted American constitutional jurisprudence with his opinion in Roe v. Wade . The Justice labored mightily only to produce an intellectual...