Monthly Archives: October 2013

“a tub for the whale” — more on the historical contingencies that created our Bill of Rights

Will Baude at the Volokh Conspiracy points us to a lovely conversation between Gordon Wood and Scott Gerber about the use of history in law. Baude is mostly interested in Wood’s cautious, partial endorsement of the use of history by … Continue reading

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Lyng and the assumptions underlying the First Amendment

Reading Lyng v. Northwest Indian Cemetery Protective Ass’n really underscores for me how historically contingent even the most seemingly universal principles of constitutional doctrine are. In Lyng, the Forest Service wanted to build a logging road through the Chimney Rock … Continue reading

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the difference between a self-aggrandizing ass and an enthusiastic patriot

How do you tell the difference? Here’s one test: if he’s proposing a constitutional amendment, is it something that could plausibly help a lot of his fellow-citizens? Or is it, instead, a measure very narrowly targeted to stroke his own … Continue reading

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First Nations protest shale gas development in Canada

I don’t know much about this, but I thought I’d at least flag that it’s happening: Ontario Provincial Police are on scene at a protest that has blocked traffic south of Caledonia on Highway 6 in Haldimand County. A group … Continue reading

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we will pay the price (but we will not count the cost)

H/t to Clark at Popehat for a link to this fascinating article by Andrew Couts: At this point I can only speculate on the total cost to build out Healthcare.gov . . . . Based on the available data, however, … Continue reading

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the “slimdown” is a crash diet; try whole foods and exercise instead

Let’s say you want government to be smaller. Let’s say you think the government should do less for people and play a minimal role and so on and so forth. It’s not my bag, but I think it’s an understandable, … Continue reading

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it’s easy as 1-2-3

Noah Smith, the econ blogger, and Miles Kimball have an article up at The Atlantic right now titled “The Myth of ‘I’m Bad at Math.’” Smith and Kimball want to challenge the idea, overwhelmingly commonplace in American culture, that some … Continue reading

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