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July 3, 2019|Arizona v. California, Nevada v. Hall, state sovereignty, Tax Board of California v. Hyatt

Constitutional Logic and State Sovereignty

by Thomas Ascik|

shutterstock.com (shock ninja studio).
The logic of the Constitution demands that states are not amenable to suits by other states without their consent.

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.

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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