Tag Archives: Constitutional Law

Repeal the CFR?

I mentioned in my previous post that “I would repeal the entire Code of Federal Regulations root and branch …” In summary, my argument for repealing the CFR is based not on policy but rather on constitutional first principles. Does … Continue reading

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Foie gras and freedom

Foie gras is a fancy food delicacy, and until a few days ago, it was also an outlaw product in the State of California. A federal judge in Los Angeles–our childhood hometown, by the way–recently issued a judicial order enjoining … Continue reading

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Constitutional questions

1. Is there a single set of identifiable and determinate principles that animate the U.S. Constitution (or Great Britain’s unwritten constitution, for that matter)? If so, what are they? 2. What is the role of State and federal courts, if any, … Continue reading

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“Yo la tengo …”

Yesterday morning, Professor John Nowak shared the following short story at the opening plenary session of the Fourth Annual Constitutional Law Colloquium in Chicago: During the 1962 major league baseball season, New York Mets center fielder Richie Ashburn and Venezuelan shortstop Elio Chacón often … Continue reading

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Why we should study the Declaration of Independence in law school

I am getting ready to teach another semester of that most political of legal subjects: constitutional law (“conlaw”). When I teach conlaw, I like to begin with the Declaration of Independence of 4 July 1776, one of this country’s most … Continue reading

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