The Moral Right to Defend Yourself Against ICE

If constitutional constraints are real limits on government power, their violation must sometimes justify the same defensive responses that other rights violations justify

If you saw an armed stranger in body armor forcing his way into your neighbor's home at dawn, dragging a screaming mother away from her children while pointing a rifle at the family, would you have the right to stop him? By any means necessary? Now the forbidden version: What if ...
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The Moral Right to Defend Yourself Against ICE

Ecology and Democracy in a World on Fire

Our first responsibility, always, is to preserve the world, and our second is to improve it

The following text was first presented on April 22, 2025, as a distinguished lecture presented by the Henry H. Arnhold Forum on Global Challenges and the New School for Social Research. I want to trace the outline of an era that has closed. It ran from roughly the end of the ...
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Ecology and Democracy in a World on Fire

From the Vault: Labor Pains

“One classmate litigator closed up her practice, left a tape of bird songs on her office answering machine, and enrolled in art school.”

Since I hadn’t been able to get Angela to talk about what trial lawyering may have done to her sense of herself, her “identity” as a woman, I shifted to a different lens: Did she feel, I asked, that the presence of more women lawyers was humanizing the criminal law?...

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From the Vault: Labor Pains

A Black Pedagogy Is an Engaged Pedagogy

How an American Studies professor went to law school and became a teacher for the twenty-first century

Why did I become a student again when I could have more easily turned my attention only to the research and writing that would have advanced my chosen academic career? The answer is simple: I felt it was time to apply my political and theoretical beliefs to action-oriented work that ...
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A Black Pedagogy Is an Engaged Pedagogy

Imagining a Post-Constitutional Political Culture

Amid a racial uprising and calls for “political revolution,” why pretend that our political disputes turn on the “best” reading of an eighteenth-century text, the Constitution?

Aziz Rana’s genealogy of American constitutional veneration overturns the conventional wisdom, not merely about the chronology, but also about the reasons for this worshipful attitude towards a document drafted in the late eighteenth century. At the same time, his forthcoming book, Rise of the Constitution, is politically explosive: for it ...
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Imagining a Post-Constitutional Political Culture

Democrats and the Conservative Supreme Court

Is there incentive to attack the court’s legitimacy?

Last week, opinion columnist Jennifer Rubin wrote about the sinking reputation of the United States Supreme Court. With respect to a new abortion law in Texas, which invalidates Roe v. Wade, the Post columnist said that, “The nub of the problem is not that (or not only that) voters are angry that the court allowed ...
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Democrats and the Conservative Supreme Court

Creeping Fascism

The Texas law attacking reproductive justice is the antithesis of both law and democracy

_____ Is there any other phrase for the events that have activated the Texas abortion law other than “creeping fascism”?  First, the ban itself is essentially an anti-law, designed to promote vigilantism. In itself, that’s not surprising. S.B. 8 is the culmination not just of numerous state-level laws that have narrowed abortion ...
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Creeping Fascism

On Treason: A Citizen’s Guide to the Law

An excerpt exploring the meaning of treason and the present-day prevalence of alleging treason

As a professor of American constitutional law and legal history, I regularly answer questions for the media about legal issues. But for the most part, those calls tended to focus on constitutional law more generally and on other subjects I have written about, such as the Second Amendment or the ...
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On Treason: A Citizen’s Guide to the Law