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Humility, Hubris, and the Next Supreme Court Justice

March 20, 2017
Zachary K. German and Robert J. Burton

The idea of humility as virtue and hubris as vice in the exercise of judicial power has been an enduring theme in American political and legal discourse. It knows no partisan, ideological, or historical boundaries. For that reason, it behooves us to pierce through its rhetorical uses and search for a more theoretical, more principled […]

Edmund Burke’s Alternative: Political Theory and the American Revolution

March 13, 2017
John G. Grove

The ultimate lesson Burke drew from the American crisis was starkly opposed to the one suggested by the Declaration: That equality as a guiding principle actually distorts our perception of political justice by blinding us to meaningful and essential differences within a body politic. The American Revolution is often seen as a historical movement in […]

Confronting Globalization: Brexit and the American Revolution

March 9, 2017
Jonathan Chandler

There is a parallel between the American decision to leave the British Empire in 1776 and the British vote to leave the EU in 2016: both movements emphasized their localist credentials through a confrontational narrative that was anti-establishment, anti-corporate and anti-globalist. On June 23, 2016, the British electorate voted narrowly for “Brexit”: for Britain to […]

Due Process and the Death Penalty

March 6, 2017
Alan Rogers

In the United States Constitution, the Founding Fathers safeguarded the rights of the accused by limiting the power of the state. The Terry Williams case illustrates all too clearly what happens when prosecutors disregard Constitutional rules and principles. Unfairness in the criminal justice system is a major concern of our time. In the United States […]

The Dangers of “Aristocracy:” Grund’s Critique of Tocqueville’s Democracy in America

February 27, 2017
Armin Mattes

Bringing Aristocracy in America into dialogue with Tocqueville’s Democracy in America can help historians to better understand the nature of the conflict between “aristocracy” and “democracy”—an issue that may be more relevant even in our own time than many had thought. When Alexis de Tocqueville published the first volume of his Democracy in America in […]

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Taxing the Constitution: Are Trump’s Proposed Tariffs Legal?

October 29, 2024

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