Trade-offs: The Price of a Moderate(d) Democracy?
The debate on the future of our free speech culture and democracy has been thrusted into overdrive by the recent assassination of Charlie Kirk. We may draw the early conclusion that the price of social peace is conscious, everyday self-censorship:
A Turning Point? How Charlie Kirk’s Death Became America’s ‘Je Suis Charlie’ Moment
Since we started this blog 5 years ago, I find myself writing the second eulogy for a young man who passed way before his time on. That is two more than I ever wanted to write. It is usually the
American Higher Education and the Empire of the Spending Clause
The battle over higher education is the product of a century of constitutional overreach. Congress, presidents, and the Supreme Court expanded federal power over colleges and universities through a broad reading of the Spending Clause (Article I, Section 8, Clause
Smoke and Mirrors? Why Marijuana Policy Deserves a More Open and Honest Federalism
During my series of lectures on American federalism as a Visiting Fellow in Hungary this year, one perplexing example stood out for many students: the unusual gap between national and state marijuana policy in the United States and the origin
E. Donald ELLIOTT: The On-Going Judicial Reconsideration of the Administrative State in the U.S
The United States is in the midst of a “constitutional moment,” a neologism invented by my Yale Law School colleague Bruce Ackerman to describe the reality that changes of constitutional magnitude are sometimes made in the United States without the
Lilla Nóra KISS: What Brexit Can Teach the US about the Importance of Civility
Rhetorical Overkill Has Consequences “Elections have consequences,” Barack Obama famously said. Words also have consequences. Suppose your long-time spouse were to say to you one not-so-fine morning, “I am leaving you. The movers are coming tomorrow.” Even if he stuck around,
Mark David HALL: ‘Christian Nationalism’: An Existential Threat to America and the World?[1]
In the traditional telling of the tale, an acorn falls on Chicken Little’s head and she runs around wildly telling all who will listen that the sky is falling. Since January 6, 2020, a host of polemicists and a few
Charles KECKLER: Independent Agencies as Reverse Parliaments: A Reconciliation of Paradoxes
At times, European constitutional discourse contributes to American discussions about the administrative state and looks at the work of independent agencies and similar institutions. Offering an American point of view of this field inspired by European institutions is not only
Márton SULYOK: Hungarian Footnotes for American Debates on Common Good Constitutionalism – Part II.
Constitutional Case-Law in the Land of (Missed) Opportunities After the introduction laid out in my earlier post on Hungarian Footnotes to the US CGC debate regarding judicial interpretation and the common good, (here), in the following I will present some of
Márton SULYOK: On Methodologies, Findings and “Contextual Determinants”
Comments Inspired by some Evidence on Constitutional Courts In their book titled High Courts in Global Perspective (Evidence, Methodologies and Findings) published in 2021 by University of Virginia Press, the editors provide constitutional and political science scholars the map to a
