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The Challenges to Constitutional Government: A Conversation with Michael Greve

with Michael S. Greve

Federalism and administrative state maestro Michael Greve, a regular contributor to Law and Liberty, returns to discuss with us the crises American constitutional government is facing today.

Reader Discussion

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on October 02, 2017 at 10:03:16 am

Great discussion!

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Mark Pulliam
on October 03, 2017 at 09:52:32 am

Excellent! Prof. Greve once again demonstrates that level-headed approach (Just the Facts, Mam!) to legal-political problems that marks his writing as one of the more serious critiques of current legal thinking.

His "gentle" critique of originalists ought to be taken seriously as I suspect that even the most die-hard amongst them must, at times recognize (as do I) that the FAS is here to stay. There may not be any means of avoiding it and as Prof Greve asserts the Legislative is hardly the place to look for a solution - either because of a lack of motivation or a lack of intellectual capability.

A quick question:
I have criticized SCOTUS for "converting our meta-law into common law." Greve recognizes Federal Common Law but: Could it be that SCOTUS errs in fostering change to our meta-law at a pace more appropriate to common law?
To an outsider such as I, this appears to be the case and SCOTUS, at times, appears to lose sight of the *preceptual* basis of COTUS.

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Law & Liberty welcomes civil and lively discussion of its articles. Abusive comments will not be tolerated. We reserve the right to delete comments - or ban users - without notification or explanation.