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The Supreme Court's Past, Present, and Future: A Conversation with John Yoo

New Books in Law

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The Problem With Common Good Constitutionalism

I think the problem may be with common good constitutionalism is like it's progressive, you know, reverse image counterpart. It places a lot of importance on the use of power by experts are a small number of people divorced from any rooting in our popular preferences or the results of the political process. So take a different put it outside the Supreme Court, take the this vast administrative state. I think many people saw during the COVID lockdowns, how powerful this state was. This administrative state basically shut down most economic activity in the country for almost two years,. And limited freedoms and I think ways that were unimaginable before COVID.

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