A Constitution for Everyone

Originalism is a theory of interpretation, but like any form of legal interpretation, it means little unless applied to facts. And facts are wrapped up in stories. Judge Thapar’s book is a reminder not to forget this.
Chief Judge Jeffrey Sutton’s new book, Who Decides?, provides a powerful argument for ordinary people who feel powerless in their ability to affect the course of national politics. State constitutions provide an alternative venue for meaningful political change and are an important way to exercise constitutional self-government.
Rockwell’s work may be pop culture rather than high culture, but his work is capable of real and “straightforward” sentiment. Rockwell’s work is humorous, and its humor comes from the joy in the mundaneness of things.
One cannot simply coerce social change by commanding substantive ends in positive law. Rather, human law can facilitate social change by rewarding or punishing certain actions and thereby also communicating the value of that action. Law does not so much dictate values as habituate them by encouraging their practice.
Bill Cosby’s release is a consequence of a criminal justice system run by insiders seeking efficient results. This debacle sheds light on the disappointing state of our criminal justice system, the overly wide latitude afforded to prosecutors, and the mechanical way in which the system operates.