In Madison's famous formulation in the Federalist, constitutional restrictions on government assume that we "first enable the government to control the governed." If the public authorities can be outgunned or bribed, the vibrancy of the private sector can be pathological. — Stephen Holmes Copy Share Image
“This breadth of constitutional law in barring extralegal legislation is revealing about more than the past. The reader will have to wait patiently until chapter 7 for details of the current regime of extralegal lawmaking, but the significance of the… — Philip Hamburger Copy Share Image