“Usually, to avoid detection…”

by Walter Olson on May 13, 2012

“…we [Judge Janice Rogers Brown and I] dress as Lillian Hellman and Yosemite Sam respectively.” — Michael Greve on his participation in the presumed conspiracy to restore the dreaded “Constitution in Exile” of pre-New Deal days. [Liberty and Law]

Soon-to-be Prof. Greve (he will be joining the George Mason law faculty after many years at AEI) was at Cato this week to discuss his remarkable new book, The Upside-Down Constitution. At the risk of damning with faint praise, I will say that his book is the most stimulating work I know of on the subject of federalism to have been published in my lifetime. If I could sum up his thesis, it would be that one of the past century’s gravest constitutional malfunctions has been that the states (not a misprint, he means the 50 states) have overrun their proper role in the constitutional scheme. More on his thesis here, here, and, on “Madison’s nightmare,” here. In all seriousness, I recommend The Upside-Down Constitution highly; although it’s demandingly complex in places, I can’t imagine reading it without one’s understanding of the constitution, and federalism in particular, being permanently changed.

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Villainous Company
05.14.12 at 8:57 am

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1 stu 05.13.12 at 9:24 pm

Janice Rogers Brown. Drink it in. Clarence Thomas’s younger sister and a wise, fierce and righteous defender of the US Constitution–the dead version. When elected, my first SCt appointment–begone you Briars and Darth Vader Ginsburgs–would be JRB. When principles count, Janice can be counted to show up early and vocal. What a gal!

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