Battle for the Constitution: Week of March 29th, 2021 Roundup
Below is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in American life, in partnership with The Atlantic.
By Nick Troiano, Executive Director, Unite America
Nick Troiano gives an overview of the history of primaries and argues that states should adopt non-partisan primaries so that small factions of very ideological individuals do not dictate who ends up in Congress.
The Small Principle That Can Fix American Law
By Aaron Tang, Professor of Law, UC Davis School of Law
Aaron Tang writes that a legal theory of “least harm”—one predicated on deciding cases so that they cause the least amount of harm—could be a way to find a middle ground between originalism and living constitutionalism, and allow the Supreme Court to maintain its legitimacy in an increasingly polarized environment.