Academic journal article Harvard Journal of Law & Public Policy


Academic journal article Harvard Journal of Law & Public Policy


Article excerpt

In the past decade, we as Americans have faced new legal and political challenges to a unique degree. Many of those challenges have led us to new questions regarding constitutional interpretation and application. The 2010 Annual National Federalist Society Lawyers Convention: The Framers, The Tea Parties, and the Constitution; addressed many of these questions. We are, as always, pleased to bring you essays adapted from that Convention.

Professors Gerhardt, Paulsen, and Tushnet spoke on a showcase panel entitled Enumerated Powers, the Tenth Amendment, and Limited Government. Professor Gerhardt offers a defense of resting discretion with political authorities and maintaining a modest judiciary. Professor Paulsen assesses the case that three-quarters of the States have in fact called for a constitutional convention. Professor Tushnet discusses the use of constitutional amendments to entrench governmental reforms.

Professor Epstein spoke twice at this year's Convention, and he has graciously adapted both of his talks for publication here. In his first essay, from his talk on the panel Government of the People, by the People, and for the People?, Professor Epstein makes the case against referenda and initiatives in favor of our representative democracy. This year's Annual Rosenkranz Debate addressed the constitutionality of Proposition 8, and Professor Epstein in his second essay assesses not only the constitutionality, but also the wisdom, of that proposition and its treatment in court.

We offer our readers three very different articles this Issue. Ms. Bachiochi provides readers a fresh perspective on the abortion debate by offering a feminist defense of the pro-life position. Mr. Blackman discusses the balance between social cost and liberty in light of the Court's recent Second Amendment decisions. Professor Lund assesses the possible application of merit selection to involve lawyers in choosing judges.

Lastly, we are proud to publish the efforts of four strong and diligent student authors.

This will be my last issue serving as Editor-in-Chief. I can say honestly that my work for the Journal has been the highlight of my law school career. It has been particularly gratifying to see the dedicated work of so many people come together and produce what none of us could have alone. …

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