Stephen M. Griffin – Constitutional Commentary

Against Historical Practice: Facing Up to the Challenge of Informal Constitutional Change

Stephen M. Griffin* Contentious disputes over war powers and judicial nominations in the Obama and Trump administrations as well as recent Supreme Court cases have drawn increased attention to the use of historical “practice” in American constitutional law. The use of governmental practice to inform legal analysis has a long pedigree in the American constitutional…

The Nominee Is … Article V.

Book Review: Has the Hour of Democracy Come Round At Last? The New Critique of Judicial Review; a Book Review of: One Case At a Time: Judicial Minimalism on the Supreme Court. By Cass R. Sunstein; Taking the Constitution Away from the Courts. By Mark Tushnet.

Legal Liberalism at Yale: A Review Essay of the Strange Career of Legal Liberalism. By Laura Kalman.