Power, Responsibility, and Republican Democracy

A Review of Power Without Responsibility: How Congress Abuses the People Through Delegation by David Schoenbro

A Response to Professor Laycock

Almost a hundred years ago, the American Association of University Professors established guidelines for civility among scholars, saying that academic exchanges should be set forth with dignity, courtesy, and temperateness of language. I agree wholeheartedly with these principles, and I will not succumb to the temptation to respond in kind to Professor Laycock\u27s review. Tone is much less important than having a frank exchange of views. It is well known that Professor Laycock and I have very different perspectives on the proper interpretation of the Free Exercise Clause. His review and my response should be an opportunity for us to explore our intellectual differences. In this brief response, I will focus on the two most important theoretical points from God vs. the Gavel: Religion and the Rule of Law that he attempts to disparage. The are the heart of my theory, so they are well worth debating

The Moment of Constitutional Opportunity

Professor Sunstein speaks perceptively to the debate over how the Eastern European countries should proceed following their sudden constitutional crises. The Eastern European framer would do well to keep his checklist of constitutional features at hand. Two aspects of his task, however, raise rather interesting and related questions. At base, I raise the question of whether Eastern Europe has reached the moment of constitutional opportunity that Professor Sunstein asserts it has