Will Morrisey

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What Does the Constitution Constitute?

As we celebrate Constitution Day this week, a simple question suggests itself: What exactly does the Constitution constitute? Or, with respect to the Framers: What were these men trying to do? The Constitution cannot have constituted the American people. The

On Pretending the Constitution Was a Blank Slate

Geoffrey R. Stone, professor of law at the University of Chicago and editor of The Supreme Court Review, has a pertinent suggestion: the retirement of Judge Stevens and the impending nomination of his successor should spark “a frank discussion” of

Public Opinion, the American Way

`Left’ and `Right,’ Americans today call their political life out of joint, and therefore painful. A news cycle cannot go by without another show of genteel hand-wringing over Tea-Party activists and radio-show callers–their rage, their seemingly endless array of `phobias,’

Remembering Lincoln: What is 'The New Birth of Freedom'?

As he prepared “Notes on Government” for publication in 1791, Congressman James Madison wrote a note to himself. “In proportion as slavery prevails in a State, the Government, however democratic in name, must be aristocratic in fact. The power lies