an unanticipated consequence of
Jack M. Balkin
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Bernard Harcourt harcourt at uchicago.edu
Scott Horton shorto at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at princeton.edu
Rick Pildes rick.pildes at nyu.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
The Condensed Supreme Court Justice's Guide to the Court
Every now and then, a Supreme Court justice or Supreme Court justice wannabee writes a history of the Supreme Court. With a few variations, they are all the same. In the interest of saving Balkinization readers time and money, I present the following condensed version of those histories.
Chapter One: The framers were committed to [whatever theory of government holds broad popular support at this moment]
Chapter Two. Marbury was correctly decided by heroic justices who recognized that judicial review is necessary for democracy, constitutionalism, world peace and Santa Claus.
Chapter Three. Every other major Marshall Court decision was right.
Chapter Four. The Taney Court was pretty good, except Dred Scott. Everything is wrong about Dred Scott, including the penmanship.
Chapter Five. The Supreme Court did nothing anyone would ever be interested in between Dred Scott and the New Deal, except Holmes and Brandeis delivered a series of opinions demonstrating the constitutional commitment to [whatever theory of government holds popular support at this moment].
Chapter 6 The Hughes Court after 1937 acted both democratically and consistently with the framers' intent.
Chapter 7. Brown v. Board of Education demonstrates [my preferred theory of constitutional interpretation] is correct.
Chapter 8. Once we know why Brown was rightly decided, we also know why my votes on abortion, gay marriage, guns, the commerce clause and the most valuable player in the NFL are also right.