Balkinization   |
Balkinization
Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.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 Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler 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 yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts The Laws of Political Mechanics
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Wednesday, September 23, 2020
The Laws of Political Mechanics
Mark Graber
For the Symposium on Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020). The first law of political mechanics is that an object in motion (or rest) will tend to stay in motion (or rest) unless acted on by an outside force. This is path dependence. Political choices at time A make more likely the same choice will be made at time B. If we hire a constitutional lawyer today, we are more likely to hire another constitutional lawyer in the future because the political power of constitutional lawyers in our institution has increased. The third law of political mechanics is that for every action there is an equal and opposite reaction. This is cycling. Political choices at time A make more likely we will make a different choice at time B. If we hire a constitutional lawyer today, we are more likely to hire torts person or a statistician tomorrow because we wish to have a subject matter diverse faculty. Straining the metaphor even more, the second law of political mechanics is that the same formula can be used to determine acceleration in all times and places. This is the constant. The same factors that influence political choices at time A influence political choices at time B, no matter what contingent choice was made at time A. We can debate how many constitutional lawyers should be on our faculty but someone must be associate dean or associate chair. Cycles predominant in The Cycles
of Constitutional Time. Jack Balkin identifies
three constitutional phenomenon, regimes, polarization and rot, that he claims
cycle Constitutional regimes are
structured by a dominant party, that dominant party’s constitutional and policy
commitments, the persons who that party mobilizes, and the political institutions
that party constructs for achieving their commitments and mobilizing their
partisans. Polarization concerns the
degree to which the party structure captures all salient political conflicts in
a regime (conflict extension) and the extent to which each coalition can
stomach the success of the other.
Constitutional rot measures the health of the regime, in particular,
regime capacity to act on some notion of the political good and maintain basic
democratic institutions. All three,
Balkin claims, are subject to the vagaries of political change. American constitutional developed has
witnessed the rise and fall of constitutional regimes, alternating periods of
polarization and depolarization, and changing levels of constitutional rot. The
three cycles are related, but partly autonomous. Stephen Skowronek and Karen Orren might use
the phrase “intercurrence” to describe their relationship. The election of 2020 could bring about a new
progressive regime without have much of any impact on the present state of
polarization. Cycles has an optimistic
story to tell for those not enthralled by the present Republican regime,
polarized politics, and constitutional rot.
The wheel of political fortune changes.
Regimes rarely last more than a generation, constitutional politics has
depolarized in the past, and Americans have previously demonstrated the
capacity to arrest and reverse constitutional rot. Trump
is more likely to represent the degeneration of the Reagan regime than a
Republican renaissance. History suggests
conditions are ripe for a progressive renewal, though history also teaches that
nothing is politically guaranteed.
Still, Balkin provides numerous reasons for being hopeful that
progressives can successfully mobilize and fashion a regime in the image of
that coalition. If we were to take the
cycles metaphor more seriously than Cycles does, progressives aware that
change is the one constant in constitutional politics might be more troubled about
the future if some version of the left presently controlled national politics,
politics had an optimum level of polarization, and politicians were pursuing
the public good in ways that enhanced constitutional democracy. This is a remarkable manuscript. More so than any work published in recent or
ancient memory, Balkin synthesizes constitutional law, history, political
science and jurisprudence. Political
science work is taken seriously and not merely used as a vehicle to support
preordained conclusions. Cycles
demonstrates mastery of and makes important contributions to the political
construction of judicial review, constitutional hardball, presidential time, contemporary
originalism and pretty much every other scholarly trend over the past two
generations that might be thought relevant to American constitutional politics,
law, development and theory. As
important, the engaging writing style makes The Cycles of Constitutional
Time accessible to anyone interested in American constitutionalism. This is a study that we once described as
appropriate for the beach or seminar room, although now the better description
may be bedroom, kitchen, or basement office.
Just as the analyses of presidents over the past generation largely
borrow from Stephen Skowronek’s categories in The Politics Presidents Make, so I suspect the analyses of
American constitutional development over the next generation will largely
borrow from Balkin’s categories. We will
ask, “where are we in constitutional time” and use Cycles as map for
discovering our temporal location. Consider the illuminating light Balkin’s
analysis of constitutional scholarship casts on my recent work. Scholarship, he notes, both structures and
responds to regime change. When conservatives
controlled the courts, liberals were in favor of judicial restraint. The dominant view among liberal scholars was
that John Bingham’s views were idiosyncratic, the post-Civil War amendments
were not intended to overturn the status quo dramatically, and the privileges
and immunities clause of the Fourteenth Amendment did not incorporate the Bill
of Rights. Then liberals gained control
of the courts. Suddenly, activism seemed
attractive. Liberal scholars pronounced John
Bingham the second coming of James Madison, celebrated the post-Civil War
amendments as a Second Constitutional Founding/Revolution, and documented that
the privileges and immunities clause was intended to incorporate the Bill of
Rights. Now conservatives are in control
of the court. My allegedly forthcoming
work maintains that John Bingham was the only Republican who really cared about
Section One of the Fourteenth Amendment, Section One adds little to the
Thirteenth Amendment, which was understood as an empowerment (are you listening
Democrats in Congress) rather than as a constraint (are you listening John
Roberts), and that few persons other than Bingham thought the privileges and
immunities clause incorporated the Bill of Rights (there goes decisions
striking down state gun control laws, state campaign finance laws, takings
clause jurisprudence, and probably attacks on affirmative action, a policy
better grounded in the Thirteenth than Fourteenth Amendment, etc.). What a coincidence. Cycles is nevertheless a work
by a law professor well read in other disciplines rather than a study by a scholar who
stands above the disciplinary fray. To
begin with the obvious, Balkin is self-consciously progressive. Cycles inspires (law) rather than merely explains (political science) or describes (history). Potential progressive activists who might participate in political movements are as much, if not more, the target than those of us whose main ambition is to publish an article in Studies in American Political Development. Social scientists maintain an air of neutrality,
even when their findings clearly privilege one side of a partisan
conflict. The very use of “cycles” in Cycles
reflects Balkin’s disciplinary place in the scholarly world. Politics cycles in Cycles because
politics changes. One regime is replaced
by another. Politics has different
levels of polarization at different times.
Constitutional rot increases and decreases. Social scientists use “cycles” when referring
to patterned change. Politics does not
simply change, but changes in regular and predictable fashions. Regime change takes the form "A,B,A, B" rather than "A,B, T, 5, Bulgaria." Steven Skowronek describes a cyclical
phenomenon when he observes that the United States experiences reconstructive, affiliated,
and disjunctive presidents in regular succession. If, as Balkin maintains Donald Trump is a disjunctive
president, the next important president will be a reconstructive president
rather than an affiliated president. Social scientists treat cycles as one possible way the past structures the present. Some political
decisions create pressures to repeat that decision in the future. This is path dependence. Other political decisions create backlash
that leads American constitutionalism down entirely different paths. This may be cycling. Social scientists who examine path dependence and cycling explore whether these political changes are consequences of contingencies or deep political
structures. Rogers Smith once asserted
that commitments to liberalism were a constant feature of American
constitutional politics. He then
maintained that versions of liberalism, republicanism and ascriptivism competed for supremacy, with the precise balance between these ideologies often
determined by contingent political choices. Consider Sandy Levinson’s vital
distinction between the Constitution of Conversation and Constitution of
Settlement. The Constitution of
Conversation consists of those constitutional provisions that are subject to
debate and political change. Those provisions have been path dependent and cyclical tendencies. The equal
protection clause is a good example. The
way in which Brown v. Board of Education interpreted the equal
protection clause helped set in motion or maintain in motion forces that, on the
one hand, led to the Civil Rights Act of 1964 and Voting Rights Act of 1965
(path dependence) and, on the other, the rise of the Republican South
(cycles). The Constitution of Settlement
consists of those constitutional provisions whose meaning is settled and are
not subject to the vagaries of political change. Those provisions behave as constants. Rhode Island has always been a small state
that gets the same number of Senators as the most populous state in the Union. Political regimes in the United States
cycle, both in the Balkinian sense that they change and in the social science
sense that dominant political parties plant the seeds of their destruction. One party dominance rarely lasts in American
constitutionalism. Victory over time
spoils majority parties. Dominant
parties take on too many commitments, increasingly dissatisfying some of their
core constituents. Republicans in 1860
were united against slavery, but badly divided in 1880 over the respective
roles that civil rights, the civil service, and promoting commercial prosperity
through trains and tariffs should play in that coalition. Defeat invigorates minority
parties. Losing coalitions have
incentives to find new issues that crosscut and befuddle present electoral
winners. Consider the influence of the
tax revolt in California on the path of the then minority Republican
party. Cycling appears to happen at regular intervals. Majority parties last little longer than a generation unless they reorient their fundamental commitments such that the nature of
political competition changes even as the names of the competitors remains the
same. Jacksonians replace Jeffersonians
in the 1830s. Republicans replace Jacksonians
in the 1860s. A different Republican
coalition comes to power at the turn of the twentieth century. Democrats replace that coalition in the 1930s. That coalition is replaced in the 1980s by
either Reagan Republicans (Balkin’s view) or by two polarized parties (my view). We could be witnessing the beginnings of a
new era of Republican rule, but as the frequently expressed disgust by Reagan
elites of Trump demonstrates, the Republican party of Trump is fundamentally
different than the Republican party of Reagan.
The new Democrats are also unlikely to be your grandparents (or parents)
New Deal coalition. Constitutional rot is path dependent. In traditional political theory, once
corruption set in, unless caught at the very beginning, a regime is
doomed. This was the Bailyn/Wood
understanding of the American Revolution.
Americans had to revolt against fairly minor transgressions, because apparently
trivial violations of the British Constitution were markers of corruption. Unless nipped in the bud, such measures as
the Sugar Act and Stamp Act were be replaced by more oppressive taxes and more
intrusive bureaucracies would destroy republican liberty and the body
politic. Constitutional rot, in this
sense, functions like a disease. The state
of your present health structures your future health. The healthier you are today, the more likely
you will be able to fight off a COVID infection tomorrow. If you are infected with COVID, the evidence
suggests you will be less healthy in six months than a person who was never
infected. This is classic path dependence. Physical or political
corruption may create countervailing forces.
A person who goes to the doctor for one condition may take steps that
improve their overall health. Political
corruption may inspire the create of institutions that do a better job fighting
corruption than the old institutions. Perhaps
the recent unpleasantness will inspire a constitutional convention that brings
about a political renaissance in the United States. Still, as the progression from Ross Perot to
Sarah Palin to Donald Trump suggests, the main impact of constitutional rot
is to weaken steadily institutions that promote democracy and the public
good. One of the Trump siblings seems a
more likely political future than the next George Washington. Polarization may be a constant,
hardwired into the structure of American constitutional politics. One cause of polarization
is the Constitution of the United States, the relevant provisions of which have
not changed for more than two-hundred years.
Both presidentialism, which encourages a two party system, and having
every national official elected in a local election, which encourages
extremism, fuel polarization. The Apportionment
Act of 1842, which requires single-member district strengthens two-party
politics which, in turn, may create a constant bias towards polarization. Depolarization, by comparison, may have been a consequence of a distinctive form of racial politics unlikely to recur in the foreseeable future. Race has been the crucial variable that determines
the degree of polarization in American constitutional politics. One crucial feature of the depolarized politics
that structured constitutional politics for much of the twentieth century is
that persons of color did not vote. The
era began when persons of color were disenfranchised and race issues largely
disappeared from American national politics.
The era ended when persons of color were enfranchised and became able to
wield some political power. Republicans
began hunting where the ducks are, namely racist whites who feared Great
Society programs threatened white supremacy.
Trump’s main contribution to polarization in the United States is
teaching Republicans that they do need the dog whistle when appealing to white
racial resentment. On this account, when
race structures political competition, political competition polarizes. If this is right, then not all our ills will be resolved in the next turn of the political cycle. Progressives can win only by mobilizing persons of color, but that mobilization is the historic cause of polarization in the United States. At the very least, the history of race in the
United States suggests the challenge progressives face when attempting to
convince (white) Americans not to cast racially charged ballots. The
impact of income inequality, which as Balkin observes, plays a substantial role
in polarization and rot, may be a variable that is exhibiting some path dependent characteristics.
Differences between the rich and the poor vary over time, and the effect of that
difference also varies over time. Some evidence indicates both that the impact of wealth differentials steadily increases while, relatedly, the possibility of policies that diminish wealth inequality steadily decrease. New technologies regularly exacerate the influence of wealth on politics. In 1900, political campaigns needed bodies to
spread the word. That gave unions some
power, as unions had bodies. Now
access to the media which can be purchased by a single individual. Wealthy individuals and corporations can dominant politics the Donald Trumps (or Kennedys) of the world no longer need less affluent citizens to play as active roles in their political campaigns. Globalization, which shows no sign of abating, exacerbates the gap between the rich and the poor. The New Deal sought to provide safety nets by workers by obliterating previous lines between the states. The next New Deal will have the much more difficult task of obliterating lines between nations in ways that promote rather than retard inequality. Prospects seem bleak and the alternative even bleaker. The main event that may have reduced income
inequality in the United States was World War Two, which required mobilization
of a great many men. Our present wars do
not require that level of mobilization and are likely to be so destructive as
to prevent meaningful economic recovery by the survivors, if any. Race and income inequality play
rather different roles in Cycles and, for that matter, Democracy and Dysfunction, the work Balkin and Levinson published several years ago. Race is central to the new progressive
coalition Balkin expects to dominant American constitutional politics during
the next political generation. That
coalition is composed of persons of color, African-Americans in particular,
women, and well educated liberals in the suburbs. Unions play an historical role in Cycles and
in Democracy, but have little contemporary function. Workers per se are either conceded to
Republicans or do not seem to matter politically independent of their race, gender or
sexual orientation. Abortion rights are
important, but silence reigns on binding arbitration, which as Sarah Staszak
has demonstrated, is an important means by which Republicans and the
Roberts Court subvert the rights of workers. The absence of unions from Cycles and
from contemporary progressive constitutional theory more generally is
problematic. Unions were the main engine
of income and political equality during the twentieth century. Nothing has replaced them or is likely to
replace them in the foreseeable future. Union
membership has become increasingly non-white, which helps explain the decline
of unions. In their important book, Union by Law, Michael McCann and George Lovell detail the operation of racial
capitalism, a conception of the American regime that is central to an
important strand of Law and Society thinking.
Paul Frymer documents how strong unions play vital
roles in reducing the racial resentment that leads many workers to vote against the economic interests. Thinking
about how the Constitution, race, and income inequality interact, these works and others suggest, is central to gaining an understanding of our political
regime, polarization and constitutional rot and, as important, vital to mapping
the routes out of the present unpleasantness that Balkin documents with such
care and concern
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Books by Balkinization Bloggers Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024) Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press, 2024) Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023) Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023) Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press, 2022) Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022) Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |