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June 18, 2019|Federalism, Franchise Tax Board v. Hyatt, Necessary and Proper Clause, State Sovereign Immunity, textualism, Will Baude

Constitutional Text and State Sovereign Immunity

by Mike Rappaport|

California Franchise Tax Board (Image: Flint Builders).
Many of the Supreme Court’s decisions as to state sovereign immunity are problematic, but there is an originalist basis for some of those decisions.

May 24, 2019|Alden v. Maine, Chisholm v. Georgia, Eleventh Amendment, Franchise Tax Board v. Hyatt, Nevada v. Hall, Seminole Tribe v. Florida, Sovereign Immunity

Originalism and Sovereign Immunity

by Ilan Wurman|

(shutterstock.com)
The mistake that the Supreme Court makes is to presume that the answer to this specific question must be found in the Constitution.

May 20, 2019|Chisholm v. Georgia, Franchise Tax Board v. Hyatt, James Wilson, John Jay, Justice Clarence Thomas, Nevada v. Hall

In Defense of the Supreme Court’s First Constitutional Law Decision

by Scott Gerber|

Detail of the U.S. Constitution (Jack R Perry Photography/Shutterstock.com).
When the Constitution was written and ratified there was no free-floating principle of sovereign immunity, but now the Supreme Court has recognized one.

December 7, 2015|Eleventh Amendment, Franchise Tax Board v. Hyatt, Merrill Lynch v. Manning

“We decline to follow the constitutional course”

by Michael S. Greve|

In what way does the federal courts’ “exclusive jurisdiction” under certain federal statutes—here, the Securities Exchange Act—differ from their general “federal question” (or “arising under”) jurisdiction under 28 USC 1331? That was a totally great FedCourts exam question until last Tuesday, when the Supreme Court heard arguments in Merrill Lynch v. Manning. Now I have to invent a new question. How dare they.

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October 5, 2015|Bank Markazi v. Peterson, Franchise Tax Board v. Hyatt, Spokeo v. Robins, Supreme Court Term 2015-2016

They’re Baaack

by Michael S. Greve|

Now that the Supreme Court is back in session, do you feel better? I do, a little. The docket for the 2015-2016 Term so far contains about 40 cases half the expected load for the Term. There is the usual smattering of Eighth and Fourteenth Amendment cases, which cannot end well. But there is also a gratifying number of cases (13 by my count) that (1) are about something real (money) and (2) pose difficult FedCourts-ish questions. Those cases may go right or wrong. But at least the justices will behave like lawyers, not oracles. Herewith three favorites, along with intrepid predictions.

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Book Reviews

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

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The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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Liberty Classics

Rereading Politica in the Post-Liberal Moment

by Glenn A. Moots

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

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James Fenimore Cooper and the American Experiment

by Melissa Matthes

In The American Democrat, James Fenimore Cooper defended democracy against both mob rule and majority tyranny.

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Podcasts

Stuck With Decadence

A discussion with Ross Douthat

Ross Douthat discusses with Richard Reinsch his new book The Decadent Society.

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Can the Postmodern Natural Law Remedy Our Failing Humanism?

A discussion with Graham McAleer

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

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Did the Civil Rights Constitution Distort American Politics?

A discussion with Christopher Caldwell

Christopher Caldwell discusses his new book, The Age of Entitlement.

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America, Land of Deformed Institutions

A discussion with Yuval Levin

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

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About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund.
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