Articles

Reason has published my column responding to the hubbub surrounding Sen. Rand Paul’s remarks (and Cass Sunstein’s) about “judicial activism” and “judicial restraint.” Here’s a taste: Senator Rand Paul’s recent remarks about “judicial restraint” have shaken up both left and right, but any ...

I’m very excited to announce that I’ll be speaking at the National Constitution Center in Philadelphia on December 15, about my book, The Conscience of The Constitution. This is part of their Bill of Rights Day Book Festival. I’ll be joined by Jeffrey Rosen and by Prof. Kermit Roosevelt III, whose book The Myth of Judicial ̷ ...

Fox Business Network’s John Stossel devotes his program tonight (at 9pm Eastern) to the question, “Does anyone care about the Constitution anymore?” I join Stossel to argue the yes side of that question. Here’s a little preview, and I’ll have some further thoughts here on the PLF Liberty Blog after the show airs. R ...

I’ll be speaking at the Rio Grande Foundation’s annual Milton Friedman Day celebration, at the University of New Mexico Law School in Albuquerque on Thursday. More information here. … ...

I was honored to be invited to participate in the taping of John Stossel’s show at the International Students for Liberty Conference in Washington last weekend, along with Don Boudreaux, Katherine Mangu-Ward, and many other great voices for liberty. That episode will air tomorrow at 9pm Eastern on Fox Business Channel. My segment focuses on ...

Kermit Roosevelt, David Upham, Sandhya Bathija and I are still mixing it up on the subject of judicial activism and judicial restraint over at Cato Unbound. My latest post, “Rational Basis Scrutiny Is Just A Stupid Rock,” is available here. … ...

The Federalist Society will be hosting a teleforum on my new book, The Conscience of The Constitution, this Thursday at 1pm Eastern time, 10am Pacfic. Joining me will be Clark Neily, senior attorney with the Institute for Justice, and author of the new book, Terms of Engagement (which I have reviewed for the next issue … ...

I’ll be speaking at the Cato Institute’s book forum about my new book, The Conscience of The Constitution, on Thursday at noon Eastern time. I’ll be joined by Hadley Arkes and Roger Pilon. If you’re in Washington that day, please drop in–but if not, you can watch online here. … ...

Progressive constitutional doctrine underwent some interesting changes in the middle of the twentieth century. One was the return of liberty-based concerns in jurisprudence, and the repudiation of some of the more extreme Progressive democracy-based legal decisions. This is most notable in West Virginia Bd. of Ed. v. Barnette, which held that schoo ...