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Week of November 30, 2008 - December 6, 2008

Nadler's Unpardonable Penumbra


Jerry Nadler, or someone on his staff, has a sense of humor.

 

The Amendment he proposes would limit the pardon power of the Executive to acts not commissioned by the Executive him- or herself. And since what are pardoned are by definition crimes, that means the President cannot make him- or herself out to be a criminal (an interesting variation on the theme of the Fifth Amendment).

 

 

 

 

 

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A World on Its Head


One of my favorite sites is Balkinization. So, in a thread that features an ongoing dispute between a conservative commenter and his liberal interlocutors, this conservative commenter included a link to the Federalist Society reading list, which was a suitable entry point, for me, into the world of the Federalist Society..

 

Start with this somewhat paranoid assertion as a way into this bizarro world:

 

We strongly suspect that college courses on legal issues tend to overemphasize the idea of law as a tool for social engineering, and downplay (or ignore) more conservative views of law as furthering private property rights and limiting government. (This is particularly true with respect to constitutional law; indeed, it would not be surprising to find many college students who think that constitutional law is the foundation for all other areas of law -- thus confusing public and private law, as well as the public and private sectors.) Even business students often have no systematic introduction to the comparison of markets and politics. [Emphasis added.]

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diachronic

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