Constitutional Commentary

Faculty-edited law journal provides articles, review essays and book reviews on constitutional law and history.

Articles from Vol. 19, No. 3, Winter

Carnival of Mirrors: Laurence Tribe's "Unbearable Wrongness"
Professor Tribe has now done to me just what I claim he did to the Supreme Court in eroG v. hsuB. (1) By repeatedly distorting what I actually said, Unbearable Wrongness (2) creates illusory targets that Professor Tribe then holds up to ridicule....
"Equal Protection, My Ass!"? Bush V. Gore and Laurence Tribe's 'Hall of Mirrors.'(response to Laurence Tribe, Harvard Law Review, Vol. 115, P. 170, 2001)
Almost every lawyer with litigation experience, even if only in law school moot court exercises, has experienced what might be called "acquired conviction syndrome." Having taken on a client's cause, and worked hard to develop the best arguments...
How Many Judges Does It Take to Make a Supreme Court?
How many judges does it take to make a supreme court? Three? Five? Seven? Nine? Or more? If state as well as federal courts are considered, all answers have been correct at one time or another, in one court or another. State constitutions sometimes...
Keeping Legal History "Legal" and Judicial Activism in Perspective: A Reply to Richard Pildes
I. INTRODUCTION The apparently innocent phrase "legal history" has demonstrated itself to be extremely treacherous territory. It encompasses both history and law, each a full discipline in itself. Ordinary law teachers who tire of the case method...
Keeping Legal History Meaningful
A Response to Charles A. Heckman's "Keeping Legal History 'Legal' and Judicial Activism in Perspective: A Reply to Richard Pildes" The end of Reconstruction is conventionally identified as the 1876 disputed Presidential election and subsequent...
Lost at the Equal Protection Carnival: Nelson Lund's "Carnival of Mirrors."(response to Article in This Issue, P. 609)
Talk about losing sight of the forest for the trees! What I trust interests readers is what to make of the equal protection twist in Bush v. Gore, not an exchange of volleys between scholars. That exchange having descended from the trivial to the...
The Unbearable Wrongness of Bush V. Gore
INTRODUCTION Again? Another article about Bush v. Gore? (1) Is there anything of substance left to say that has not already been said? I think there has to be--as long as there remain serious observers who react to the Supreme Court's announced...
Washington, Patton, Schwarzkopf and ... Ashcroft?
I. INTRODUCTION--GENERALS, GENERALS EVERYWHERE War may be too important to be left to the generals, but law, apparently, is not. If you attend a Supreme Court argument in a case of sufficient significance to be argued by the Solicitor General...