Democratic Legitimacy
Forum
On the Perpetuation of Our Constitution and Civic Charity
We live in perilous times, where acrimony and contempt poison our republic. But as others have long recognized—from Washington to Lincoln to current observers—there is an antidote: civic charity. It has helped heal our nation in some of our most difficult times; it can do so again.
Forum
“Safety, in a Republican Sense”:
Trump v. United States, Democracy, and an Antisubordination Theory of the Criminal Law
Democratic governance requires holding the powerful to account. This Essay therefore proposes a broad antisubordination theory of the criminal law which grapples directly with disparities in power, rather than obscuring them under the guise of formal equality. Neither formal equality nor its alterna…