The world is littered with constitutions that have written guarantees of rights but that don't actually deliver rights. What differentiates the ones where rights are real from where rights are fake is that it's in the initial interests of the majority to actually deliver these rights. Noah Feldman constitutiondeliverdifferentiate share on social
Every generation gets the Constitution that it deserves. As the central preoccupations of an era make their way into the legal system, the Supreme Court eventually weighs in, and nine lawyers in robes become oracles of our national identity. Noah Feldman centralconstitutioncourt share on social
When we put our trust in diplomacy, it is not because it is an inspiring or uplifting discourse or because it helps us see the common humanity in others. The stylized circumlocutions of diplomats can make them seem ridiculous or irrelevant: they never seem to be talking about what is really going on. Noah Feldman circumlocutioncommondiplomacy share on social
The world is full of nations that are part of the community of nations that don't respect rights. Noah Feldman communityfullnation Change image and share on social
From a constitutional standpoint, the religion of a candidate is supposed to make no difference. Even before the founding fathers dreamed up the First Amendment, they inserted a provision in the Constitution expressly prohibiting any religious test for office. Noah Feldman amendmentcandidateconstitution share on social
William O. Douglas married not one, not two, not three, but four hot blondes. He was not faithful to any of them, not even the last, and each was younger than the previous woman... But after his personal life began to actually fall apart, he developed a set of values about the Constitution that turned out to maximize our autonomy and freedom. Noah Feldman autonomybeginblonde share on social
The Mormons' passage from bugbears of the Republican Party to its stalwarts may be analogized to a similar move among middle-class white Southerners, to whom the Republican Party was anathema until the 1970s and '80s, after which it became almost the sole representative. Noah Feldman 1970s80sanalogize share on social
The core idea that underlies all of our democratic states, the core political idea, is this idea that it's not that one person is the sovereign; it's that all of the people are sovereign. Noah Feldman coredemocraticidea Change image and share on social
The rise of the presidency began with the Louisiana Purchase, which in 1803 doubled the land mass of the United States. History taught the framers that, just as Rome changed from republic to empire with conquest of new lands, territorial acquisition would lead to the centralization of political power. Noah Feldman acquisitionbegincentralization share on social
We often imagine that the court serves as a sort of neutral umpire controlling the warring political branches. But this is mostly myth. The justices of the Supreme Court are themselves actors in the struggle for power, and when they intervene, they think carefully about how their decisions will affect the court's own legitimacy and authority. Noah Feldman actoraffectauthority share on social