Vol. 33 No. 1, January 2010

Index

• Preface.
• Is the separation of powers exportable?
• The case for promoting democracy through export control.
• Defending U.S. sovereignty, separation of powers, and federalism in Medellin v. Texas.
• In praise of Supreme Court filibusters.
• Judicial appointments: checks and balances in practice.
• Burying the Constitution under a TARP.
• Delegation and judicial review.
• Deconstructing nondelegation.
• Legislative delegation, the unitary executive, and the legitimacy of the administrative state.
• The war power.
• Clear statement rules and executive war powers.
• The puzzle of Hamilton's Federalist No. 77.
• The traditional view of Hamilton's Federalist No. 77 and an unexpected challenge: a response to Seth Barrett Tillman.
• The right to keep and bear arms in the states: ambiguity, false modesty, and (maybe) another win for originalism.
• Second Amendment redux: scrutiny, incorporation, and the Heller paradox.
• Originalism and economic analysis: two case studies of consistency and coherence in Supreme Court decision making.
• Reviving necessity in eminent domain.
• The lonely death of public campaign financing.
• The Tie Goes to Freedom: Justice Anthony M. Kennedy on Liberty.
• Title VII's conflicting "twin pillars" in Ricci v. DeStefano.
• Federalism by jury in United States v. Fell.