jackbalkin at yahoo.com
bruce.ackerman at yale.edu
ian.ayres at yale.edu
corey_brettschneider at brown.edu
mary.l.dudziak at emory.edu
joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
mgraber at law.umaryland.edu
sgriffin at tulane.edu
jonathan.hafetz at shu.edu
jkessler at law.columbia.edu
akoppelman at law.northwestern.edu
msl46 at law.georgetown.edu
slevinson at law.utexas.edu
david.luban at gmail.com
gmaglioc at iupui.edu
mazzonej at illinois.edu
lmcclain at bu.edu
mikhail at law.georgetown.edu
pasquale.frank at gmail.com
npersily at gmail.com
Michael Stokes Paulsen
michaelstokespaulsen at gmail.com
dpearlst at yu.edu
rick.pildes at nyu.edu
dpozen at law.columbia.edu
raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
alice.ristroph at shu.edu
siegel at law.duke.edu
david.super at law.georgetown.edu
btamanaha at wulaw.wustl.edu
nelson.tebbe at brooklaw.edu
mtushnet at law.harvard.edu
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)
The peculiar Mr. Pence (and the notion of "conscience")
Friday, July 22, 2016
The peculiar Mr. Pence (and the notion of "conscience")
Two other things are worth noting about the strange ticket embraced by the Republican Party. First, Trump, though acknowledging and appreciating his support from Evangelicals, didn't even both to pretend that he himself takes religion remotely seriously. He did not, for example, give any support to James Dobson's assertions that Trump had in fact found Christ and was now a "baby (saved) Christian," since I assume that his baptism as a Presbyterian 70 years ago, assuming that occurred, wouldn't be enough to establish him as properly reborn.
Prof. Levinson is almost cute in resisting "thread jacking."
I find myself falling into using groups of three, so "fourth place" might be seen as sort of too wordy. Some do find those words redundant -- "Christian" translates to "conservative Christian" while "Republican" to "conservative Republican."
So, perhaps, find a way to use three words and use "American" too. Also, there was opposition to Cruz saying one should "vote your conscience." Realize that's code, but for the religious liberty brigade to boo that is a tad ironic.
"Did anyone else--and I will open for comments exclusively on this point--find it at all odd that he didn't even both to include, in fourth place, "American." "
That's what the flag pin is for ;)
I'd like to add that your point about the differential treatment of conscience strikes me as a good one.
The Fuhrer's followers do not accept dissent. I posted a video here some months ago where Cruz attempted to speak with some of Trump's followers and broke down all of the Donald's prior progressive positions for them. They just called him Lyin Ted.
It was like talking to a bunch of Democrats.
Lyin' SPAM I AM! is still channeling the Cruz Canadacy that folded like a Cuban accordian, done in by the Revengelicals. Granted, the Messianic Narcissist is Fuehrer-like. Remember "Nixon's the One"? Take a peek:
That format may be used for the Donald Duck Die-Nasty.
I predict that in a couple of years the Oxford English Dictionary will add ""trumppence" as the modern substitute for "tuppence."
Ex.: "Shave and a Haircut, trumppence!'
A new post w/o comments (so perhaps it will be forgiven that this comment is not germane) quotes something Trump said about the U.S. being a "good messenger" and how our own problems make us not one to talk:
TRUMP: I think right now when it comes to civil liberties, our country has a lot of problems, and I think it’s very hard for us to get involved in other countries when we don’t know what we are doing and we can’t see straight in our own country. We have tremendous problems when you have policemen being shot in the streets, when you have riots, when you have Ferguson. When you have Baltimore. When you have all of the things that are happening in this country — we have other problems, and I think we have to focus on those problems. When the world looks at how bad the United States is, and then we go and talk about civil liberties, I don’t think we’re a very good messenger.
It's an interesting comment and does reflect the mind-set of various people. Of course, his take on what we should do in our own backyard is at best a mixed bag. And, he is not a total isolationist. But, maybe he's not "a very good messenger," but the message isn't totally off.
OTOH, not thinking his supporters will take the "we aren't much of a model to the world" message that that far. They aren't THAT humble.
Also, there is the general argument that the U.S. does have a place in the world regarding civil liberties, a post-WWII belief that there are things the world as a whole has responsibilities to do. There is a balance there. It's an important debate.
Anyway, interesting historical footnote regarding Tim Kaine, in particular, his wife:
Holton's governorship arguably is best remembered for his response to a court-ordered school busing controversy during his first year in office. The Holtons voluntarily enrolled their school-age children in predominantly black Richmond public schools. A photo of the governor escorting his daughter Tayloe into John F. Kennedy High School on Aug. 31, 1970, made the front page of The New York Times.
[Tayloe is Tim Kaine's sister-in-law ... his wife is Anne Holton; she appears to have kept her maiden name. Will this be an issue ala "Rodham"? Anne Holton was also a children's advocate & is currently VA Education Secretary.]
Joe, I thought Trump was right on target with that remark. Are we better than Turkey? Sure we are, who isn't? Maybe North Korea.
Are we a shining city on the hill, an example to all the nations? Not so much. We're what, rank 16 on the CPI (Corruption perception index)? Not 1, 16.
We've got the NSA spying on us. People are still being ripped off by property seizures without trials or even charges. The bureaucracy has been politically weaponized. (Yeah, yeah, I know: Democrats are obligated to pretend otherwise.) We have to go to foreign news services to get an honest take on what's happening at home.
We've put together all the pieces of a banana republic, a police state. We've got a lot of house cleaning to do, hopefully before somebody takes advantage of that.
16 out of 167 strikes me as very little reason for concern. And while I strongly oppose what the NSA is up to as well as asset forfeiture practices, those kind of things, or the capability, exists across the First World.
If we're going to elect a felon President, it's not going to stay 16.
And, why shouldn't we aspire to be better?
No, I've thought for some time we should stop trying to be the world's policeman, and address the beams in our own eyes. Much that's wrong with the US is due to the strains empire puts on a democracy.
And, why shouldn't we aspire to be better?
Where Mr. W. says we shouldn't, denying that we live in a country for which we need to do a better job of things not shown.
OTOH, 16 of 167, especially given the size and scope of this country [cf. the likes of New Zealand, Denmark et. al.] for which it's going to be harder not to be corrupt, is not quite "eh, maybe better than Turkey and North Korea." A "perception" index sounds a bit subjective, but I'll take it as a rough judge.
As Mr. W. has noted in the past, it is insulting to people living in actual "police states" to use that term. Many of whom do find the U.S. of some value as guidance, including our basic institutions such as free speech, constitutionalism and so forth. Some sense of humility and sense of the limits of our power and special-ness doesn't deny that. Nor, does the U.S.' responsibility world-wide refute limits there too. It's just that Trump is not a great messenger here & push comes to shove, he is not likely going to be a consistent voice either.
Finally, repeating yourself does not negate Mr. W.'s in depth analysis on why Clinton was not indicted and the evidence of her being "a felon" was not shown. There was more evidence of "felony" in the past, including usage of torture. But, "perception" is subjective.
I didn't say we were a police state... Yet. I said we've put all the pieces of one in place, should someone gain the levers of power who fancies creating one. Pervasive surveillance. Punishment without trial. Rahm Emanuel even experimented with "disapearing" people in Chicago, and largely got away with it. And now we're establishing the idea that, if those in power don't want a crime punished, we have some kind of obligation to pretend it didn't happen.
Screw that, she's a felon.
"I didn't say we were a police state."
Didn't say you did, just like Mr. W. didn't say we shouldn't try harder.
Again, "As Mr. W. has noted in the past, it is insulting to people living in actual "police states" to use that term." Including in the context of implying we are on the cusp.
The dangerous powers that government have that can be abused by tyrants was something people talked about since before our Founding. Modern technology only underlines the concerns though in various ways things are better than the golden age you now and then pine for (using terms like what we "become" or "now").
Mr. W. explained in detail why Clinton wasn't indicted. It is not simply "those in power don't want a crime punished" or "pretending." Disagreement on the merits of things with respect you don't really understand aside.
"If we're going to elect a felon President, it's not going to stay 16."
We've had felon Presidents in that sense before. For example, Jefferson was almost certainly a felon via his relationship with Sally Hemmings. IIRC it was criminal to have relations with a black slave, but even if that recollection is wrong he committed the common law felony of fornication. And that, unlike what you allege Clinton to have committed, was considered a malum per se offense! Let's never forget just how intrusive government was at the Founding compared to today, all bull Tea Party rhetoric to the contrary.
You're demonstrating right now why, if we're the sort of country that would elect Hillary Clinton, we won't stay at 16. Because a country that would elect Hillary Clinton President is a country that doesn't mind corruption. Just doesn't take it seriously.
Think about the email scandal, think about why she did it, why she really did it. Not the excuse, that it was convenient, because having a private email server set up was the exact opposite of convenient. The real reason.
The real reason was so that she could do exactly what she did: Delete emails that she was legally obligated to turn over. The email server was Hillary's 18 1/2 minute gap! It was her destruction of evidence.
And. You. Don't. Care. You don't WANT to know what was on that 18 1/2 minute gap. You actually appreciate her destroying the evidence, because you're going to support her no matter what. And the more evidence, the harder doing that becomes.
So you appreciate her doing a thorough job of destroying evidence, to make your job easier.
That's what this is all about, and why Democrats don't care that Hillary destroyed public records she was legally obligated to preserve, structured her communications in order to be able to do so at huge cost to national security. You don't care because you were going to support her anyway.
That's my take on it. You don't care, not because it's no big deal, (Because it's a freaking huge deal is the truth.) but because destroying evidence makes supporting the crook easier.
Since this is as of the moment the latest post accommodating comments, I bring to the attention of the usual - and unusual - suspects Jane Mayer's The New Yorker article ""Donald Trump's Ghostwriter Tells All" available at:
If I weren't an agnostic leaning towards atheism (keeping my fingers crossed just in case), I would be interested in the thinking of the Ghost Rider in the Sky on Donald Trump and his followers, in particular the Revengelicals.
Read the article. It may be good for what Ailes you. Roger and out.
With the doldrums, heat and humidity in play before the storms of the Democrat Convention, I took a look at the latest issue of the Massachusetts Law Review and noted a lengthy review of a book titled "The Evangelical Origins of the Living Constitution," authored by John W. Compton, published in 2014, reviewed by Victor N. Baltera. The title is intriguing but the font is too difficult for me to read. This is the first I have heard of this book, which has been around a couple of years. Has anyone here read the book? I plan to Google for reviews available that I can read with relative ease on my desktop with its magnification feature. I wonder in particular how current day Evangelicals (aka Trump's Revengelicals) view the concept of a living Constitution.
I found the premise of that book interesting though could not quite get into the actual book. Others can read reviews to get the gist but overall it argues moral campaigns was a major driver in the changing understanding of basic constitutional principles. It helps show that our changing constitutional understandings didn't just arise sometime in the '30s or '60s but has roots at least in the early to mid-19th Century.
شركة كشف تسربات المياة بالقطيف
شركة كشف تسربات المياة بالجبيل
شركة كشف تسربات المياة بتبوك
شركة كشف تسربات المياة بالخبر
شركة مكافحة النمل الابيض بالخبر
شركة تسليك مجاري بالجبيل
شركة تسليك مجاري بالدمام
شركة تنظيف خزانات بالقطيف
شركة تسليك مجاري بالقطيف
شركة تسليك مجاري بالخبر
شركة تنظيف منازل بتبوك
شركة رش مبيدات بتبوك
شركة تسليك مجاري بتبوك
شركة تسليك مجاري بالباحة
شركة تنظيف بالدمام
شركة تنظيف منازل بالدمام
شركة تنظيف شقق بالدمام
شركة تنظيف خزانات بالدمام
شركة شفط بيارات بالدمام
شركة مكافحة النمل الابيض بالدمام
شركة كشف تسربات المياة بالخبر
شركة كشف تسربات المياة بالدمام
Books by Balkinization Bloggers
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)
The Information Society Project
Syllabi and Exams