an unanticipated consequence of
Jack M. Balkin
Wednesday, April 23, 2014
How Realist Should the Court be About the Other Institutions of National and State Government?
This is a somewhat modified cross-post from the Election Law blog: I have recently come to the view that the issue of what I call “insti...
Tuesday, April 22, 2014
The Loyal Opposition
For the symposium, Federalism as the New Nationalism This Balkinization symposium grows out of a Yale Law Journal Feature en...
Schuette v. Bamn
The opinions are out, and they are extremely interesting. (One gets the impression that some of this material was drafted last year for Fi...
Monday, April 21, 2014
Federalism by the Grace of Congress—and the Doctrines Needed to Protect the State Sovereign Acts it Generates
For the symposium, Federalism as the New Nationalism My contribution to this symposium, Our [National] Federalism , is about modern...
Sunday, April 20, 2014
Shelby County and Hobby Lobby
In the oral argument in Shelby County , Justice Scalia observed that the Voting Rights Act had been regularly re-enacted with a handful of ...
Friday, April 18, 2014
George Will's Partial Constitution
Efforts to reduce the Constitution to one principle usually end up oversimplifying our nation’s fundamental charter, mangling it in the...
Negotiating Conflict through Federalism
Cristina Rodríguez For the symposium on Federalism as the New Nationalism In my contribution to this symposium, Negotiating Confli...
Thursday, April 17, 2014
The Shadow Powers of Article I
Alison L. LaCroix For the Symposium on Federalism as the New Nationalism The terms of the federalism debate have recently changed, ...
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