by Josh Pasek
global.oup.com/academic/pro...
by Jacob T. Levy — Reposted by Josh Pasek
The Fifteenth Amendment, including Section 2, is later in time than the Fourteenth Amendment, Section 1.
by Josh Pasek
by Josh Pasek
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Amendment 15, Section 2:
The Congress shall have power to enforce this article by appropriate legislation.
This is plain text!
Reposted by Josh Pasek, Tom Clark, Robert S. Chang , and 1 more Josh Pasek, Tom Clark, Robert S. Chang, David Darmofal
Literally swinging for the fences to wipe out the premise for the legitimacy of Congress’ power to enact civil rights statutes.
Reposted by Josh Pasek, Brendan Nyhan, Michael A. Clemens , and 12 more Josh Pasek, Brendan Nyhan, Michael A. Clemens, Rosemary A. Joyce, Philip N. Cohen, Laurent Pech, Robert C. Richards, William Myers, Nora V. Demleitner, Kate Starbird, Daxton R. Stewart, Aviel Roshwald, Nathan P. Kalmoe, Southern Africa, David Darmofal
by Josh Pasek
But the question that gets messy is when you can justify institutions no longer treating what the Supreme Court says as a legal order.
You can’t do that just because you expect them to violate the social contract, they need to have blatantly violated it.
by Josh Pasek
I think the evidence en mass suggests bad faith, my point is the difficulty of actually drawing a clean line.
by Josh Pasek
1) rulings that are being made are facially incompatible with Constitution
2) rulings are sufficiently self-contradictory with so little justification that any reasonable actor would conclude
No obvious case of 1, strong case for 2 but determination is subjective
by Josh Pasek
But because the goal is Constitutional interpretation in the face of ambiguity, there is just about always a claim for legitimacy.
How then can we identify bad faith?
I see two approaches
Reposted by Josh Pasek
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by Josh Pasek
Reposted by Josh Pasek, Richard S.J. Tol, Mark Lubell , and 1 more Josh Pasek, Richard S.J. Tol, Mark Lubell, John Mullahy
apply.interfolio.com/173947
Assistant or Associate Professor of Global Environmental Policy
University of Michigan-Ann Arbor: School for Environment and Sustainability
Come be a Wolverine! In Tree Town! In the Mitten!
by Josh Pasek
by Josh Pasek — Reposted by Brendan Nyhan
- Strategize in advance (could happen here)
- Leverage internal expertise (strategize with political scientists, public policy scholars and law faculty)
- Respond collectively and support one another
-Stay true to the mission
This is the real fiduciary duty!
Reposted by Josh Pasek
@aaup.org @utaustinaaup.bsky.social @aaup-penn.bsky.social
riverside.fm/shared/expor...
by Josh Pasek
www.archives.gov/founding-doc...
Reposted by Josh Pasek, Ryan Enos, Robert B. Reich , and 1 more Josh Pasek, Ryan Enos, Robert B. Reich, Nils Zurawski
BONDI: I'm not going to discuss any internal conversations with you
D: They're going to transfer TX Guard troops to the state of Illinois. What's the rationale?
B: I wish you loved Chicago as much as you hate President Trump
by Brendan Nyhan — Reposted by Josh Pasek, Lisa W. Fazio, David Lazer , and 17 more Josh Pasek, Lisa W. Fazio, David Lazer, Joshua S. Weitz, Scott L. Greer, David H. Kaye, Michael A. Clemens, David Rothschild, Efrén O. Pérez, Jacob Montgomery, Trevon D. Logan, Melanie C. Green, David R. Miller, Dean Eckles, Paul Gronke, Jason Lyall, Kate Starbird, Kevin Coe, David Darmofal, Brendan Nyhan
Trump sent a 'compact' to our universities. They should reject this devil's bargain.
Any institution that yields to these broad and intrusive demands would forever be subservient to the whims of the government.
www.msnbc.com/opinion/msnb...
Reposted by Josh Pasek, Dominik Vogel
I wrote about Ezra Klein, Ta-Nehisi Coates, the struggle to define the boundaries of what is acceptable in America – and why democratic citizens have an obligation to hold the line on what we consider beyond the pale.
Some thoughts from my new piece:
🧵
by Josh Pasek — Reposted by Greg Linden
Being sober about both where we are and where we aren’t is important, however, because American institutions still have the capacity to reverse the backsliding.
by Josh Pasek
Worth a reminder that most people from both parties oppose political violence. It is critical for all of us to uphold that norm.
by Guy Grossman — Reposted by Josh Pasek
A society where that is a valid fear is no longer fully democratic.
Reposted by Josh Pasek
www.live5news.com/2025/10/05/3...