Balkinization

     Defying the almost universal prediction of political observers, Senate Republicans are again making a concerted effort to repeal ...

I have posted a draft of my latest article, Free Speech in the Algorithmic Society , on SSRN. It introduces the idea of a pluralist m...

On this Constitution Day, it is worth recalling that seven of the thirty-nine delegates to the Philadelphia convention whose names are affi...

On Wednesday I gave the Addison C. Harris Lecture at the University of Indiana Mauer School of Law in Bloomington on "The Recent Unplea...

The latest post that my wife Cynthia and I have put up on www.faultlinesintheconstitution.com concerns one of the few affirmative duties pl...

President Trump struck a deal with Congressional Democrats to suspend the debt ceiling and pay for Harvey relief. Speaker Ryan, Senate Leade...

Many Americans who don't understand the appropriations process misunderstand how the debt ceiling works. They assume that Congress passe...

Congress is once again facing the possibility of stumbling into an economic catastrophe if it fails to raise the debt ceiling by the end of ...

Mark Graber and have just put a new co-authored paper  up on SSRN.  It will come out next year, suitably revised to take account of feedback...

A week after Donald Trump was elected in November 2016, I predicted —using Stephen Skowronek’s model of cycles of regime politics—that Trum...

This morning I posted a lament , at the Democracy Journal,  that our Constitution does not include a procedure for firing a dangerous presid...

I can think of only one positive thing to say about the coming out party for white nationalists that all of us are now witnessing, and it is...

Let's focus for a moment on an actual hero of the Civil War era--John Bingham.  Here's what the drafter of Section One of the Fourte...

Mark Tushnet suggests that there's a very straightforward way of looking at Christie v. NCAA --namely, as what he calls a federal "...

I'm afraid that I have an unbearably simple-minded view of Christie v. NCAA , New Jersey's challenge to the constitutionality of th...

On August 21, a total solar eclipse will arrive mid-morning on the coast of Oregon. The moon’s shadow will be about 70 miles wide, and it w...

This is the title of my new draft paper, which is available here .  Here is the Abstract: This Article argues that the process used to re...

Last year, the American Constitution Society hosted its first-ever Junior Scholars Public Law Workshop.  It went so well that we are doing i...

The myth of Robert E. Lee as the "Noble Confederate General" is not unlike the myth of Erwin Rommel as the "Noble Nazi Genera...

Southern racial moderates during the 1930s vehemently opposed northern and judicial intervention into the trial of the Scottsboro Boys.  Th...

As I've noted before, my wife and I are publishing our own blog as part of the publication of our book Fault Lines in the Constitution (...

     No.   That question can be asked from a procedural perspective, a political perspective, or a practical perspective, but in each inst...

               I am have always been a partial skeptic about Eskridge and Ferejohn’s “superstatute” theory--their groundbreaking argument th...

With two strikes thus far on more substantial Obamacare repeal efforts, the Senate seems headed for the so-called "skinny" repeal ...

     Now that the Senate, defying many pundits’ expectations, has voted to begin debate on a reconciliation bill to repeal large parts of th...