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Garrett Epps

Garrett Epps is a contributing writer for The Atlantic. He teaches constitutional law and creative writing for law students at the University of Baltimore. His latest book is American Justice 2014: Nine Clashing Visions on the Supreme Court.
Results 1-10 of 15

Government of the Legislature, by the Legislature, for the Legislature

March 3, 2015 “If my fellow citizens want to go to Hell I will help them,” Justice Oliver Wendell Holmes wrote to a friend in 1920. “It’s my job.” But what if our fellow citizens are already in hell, and vote to spring themselves? Are today’s Justices required to block the exit? That ...

The End of Public-Employee Unions?

February 20, 2015 Constitutional scholars sometimes like to commend courts for what they call “the passive virtues”—a reluctance to become involved in constitutional dispute, a reticence to announce new rules, a preference for standing by earlier decisions (“stare decisis”). Judges, too, like to cite what they call “the canon of constitutional avoidance,” a ...

How America's History 'At War' Shapes the Battle Against ISIS

February 17, 2015 The last “declared war” the United States fought was against Panama in 1989-90. (America didn’t declare it; the Panamanian General Assembly did. It didn’t work out well for them.) To many Americans, the phrase “declare war” has a kind of magic meaning. Congress has the power under Article I, Section ...

Imperfect Union: The Constitution Didn't Foresee Divided Government

November 18, 2014 “The president is completely ignoring the will of the American voters, who turned out on Election Day and overwhelmingly elected people who wanted to change the direction of the country,” Senator John Barrasso of Wyoming, chairman of the Senate Republican Policy Committee, complained Thursday to The New York Times. Barrasso ...

Who Controls Foreign Policy – the President or Congress?

November 2, 2014 Americans don’t know whether their president should be more like Victor von Doom, whipping Congress into line, or like Jeeves the butler, murmuring respectfully, “Will that be all, sir?” The text of the Constitution provides remarkably little guidance on the question. Because disputes between the president and Congress usually are ...

Who Controls Foreign Policy: The President or Congress?

October 31, 2014 Americans don’t know whether their president should be more like Victor von Doom, whipping Congress into line, or like Jeeves the butler, murmuring respectfully, “Will that be all, sir?” The text of the Constitution provides remarkably little guidance on the question. Because disputes between the president and Congress usually are ...

The Constitution Is More Than Just an Obstacle To Fighting ISIL

September 17, 2014 Congress seems to be on track to authorize President Obama to address the situation in the Middle East. Strikingly enough, however, it is authorization for one small part of it—to provide arms to Syrian rebels. Currently, U.S. law prevents the president from transferring weapons to rebel groups, and Obama wants ...

Is There Any Rational Case for Banning Gay Marriage?

September 5, 2014 Competing with William Faulkner, Flannery O’Connor once wrote, is an inevitably losing proposition: “Nobody wants his mule and wagon stalled on the same track the Dixie Limited is roaring down.” Federal District Judge Martin Feldman may feel like that luckless muleskinner today. His decision affirming a state ban on same-sex ...

The Extreme Partisanship of John Roberts's Supreme Court

August 27, 2014 “Politics are closely divided,” John Roberts told scholar Jeffrey Rosen after his first term as chief justice. “The same with the Congress. There ought to be some sense of some stability, if the government is not going to polarize completely. It’s a high priority to keep any kind of partisan ...

Is Tennessee's Ruling Against Gay Marriage a Setback for the Cause?

August 14, 2014 The great streak of court victories for gay marriage was broken on Tuesday: A state court in Kingston, Tennessee, became the first to uphold a state ban on gay marriage since the Supreme Court’s decision last year in United States v. Windsor. The decision in Borman v. Piles-Borman, written by ...