Category: Past Issues

Richard H. Fallon, Jr. Debates about constitutional federalism—by which I roughly mean the division of powers and responsibilities between the national and state governments1—abound.2 Participants typically cast such debates as constitutional in character. Nearly invariably, however, policy concerns exert a…

Richard A. Epstein. There is little doubt that the Framers of the United States Constitution had little awareness of the immense complexities that would creep into the constitutional system that they created in 1787 in Philadelphia. Their challenges were enormous…

Peter J. Boettke, Liya Palagashvili & Ennio E. Piano. Policing in America has made a drastic transformation over the midtwentieth century. Local police agencies today are more federally funded, they “dress” like the military, they police more federal initiatives, and…

Christian Bjørnskov & Stefan Voigt. The study of constitutional emergency provisions remains in its infancy. We present the first overview and analysis of how specific emergency provisions vary across the fifty U.S. state constitutions. The emergency provisions vary considerably across…

Rosamaria Bitetti. European economic crisis has put a strain to the European Union governance model, which has been for a long time characterized by a multi-layered decision-making process, affected more by expert-technocratic knowledge than by democratic participation. This paper analyzes two…