In this next edition of Liberty Law Talk, I discuss with Gregory Weiner, author of Madison’s Metronome: The Constitution, Majority Rule, and the Tempo of American Politics, James Madison’s understanding of how popular sovereignty, federalism, and separation of powers provide the bulwark of protection for a free and vibrant political and social order. Madison, Weiner observes, considered the constitutional architecture provided by these concepts facilitated the necessity of majority rule, and unlike modern theorists of judicial review, also served as the best guardian of minority rights.
Jun 24, 2015
In American constitutional law, it is common to speak of “levels of scrutiny” or “tiers of judicial review.”
May 17, 2018
Historians' ready embrace of Madison’s Hand calls into question their purported qualifications for understanding constitutional history.