Category: Issue 4 – Fall 2024

By Andrea Scoseria Katz. At a time when the Supreme Court is turning its sights on the administrative state and enhancing the profile and powers of the president, it is worth recalling that behind our national complex of agencies lies a one-hundred-and-thirty-year regime of statutes, a finely wrought constitutional settlement designed not only to release power, but also to contain it. We upset this balance at our peril.

By Richard Primus. Why did the Constitution originally contain no bill of rights? One important reason was that the delegates believed that an attempt to compose one might wreck the entire enterprise over the issue of slavery.