Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law at Ohio State University. His publications include Madison’s Nightmare: How Executive Power Threatens American Democracy (2009) and Democracy’s Chief Executive: What the Constitutional Presidency Means Today, forthcoming from the University of California Press in 2022.
Congress’ Obstruction Addiction and the Garland Nomination
Our federal legislative branch needs an intervention.
A Compromise on Superdelegates
Superdelegates should include only democratically elected officeholders, not those chosen by other members of the DNC.
The Constitution as a Code of Honor
It would probably delight the late Justice Antonin Scalia to know that the fight over his successor was generating constitutional controversy. Indeed, like many controversies that Justice Scalia fueled, this one concerns not only the implications of particular clauses, but the very nature of constitutional law. In nominating Judge Merrick B. Garland to succeed Justice… Read more »
What Do We Call Options Worse Than “Nuclear?”
The dangerous corrosion of institutional norms keeps getting worse.
How Antonin Scalia Punched Down
United States Mission Geneva/Wikimedia Commons The encomiums bestowed upon the late Justice Antonin Scalia know no partisan limits. Tributes from conservatives have been earnest and effusive, untroubled, of course, by philosophical disagreement. But the homages that begin, “Although we agreed about nothing,” have been no less heartfelt or expansive. Many across the ideological spectrum were… Read more »
