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Battle for the Constitution: Week of September 24th, 2020 Roundup

September 25, 2020 | by NCC Staff

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.

RBG’s Life, in Her Own Words

By Jeffrey Rosen, President & CEO, National Constitution Center

Jeffery Rosen interviewed Justice Ruth Bader Ginsburg, and the two discussed key moments and lessons from her life.

A Dangerous Moment for the Court

By Mary Ziegler, Stearns Weaver Miller Professor, Florida State University College of Law

Mary Ziegler lays out the stakes in the coming battle over replacing Justice Ruth Bader Ginsburg and the possibility of court expansion.

To Have Known Her

By Amanda Tyler, Shannon C. Turner Professor of Law, University of California, Berkeley School of Law

Amanda Tyler writes about her time clerking for Justice Ruth Bader Ginsburg and the memories she still holds dear.

Term Limits Won’t Fix the Court

By Ilya Shapiro, Director of the Robert A. Levy Center for Constitutional Studies, Cato Institute

Ilya Shapiro examines the debate about instituting term-limits for Supreme Court justices, and weighs the pros and cons of such a move.

The Great Liberal Reckoning Has Begun

By Alan Z. Rozenshtein, Associate Professor of Law, University of Minnesota Law School

Alan Z. Rozenshtein says that liberals’ faith in, and love of, the Supreme Court will come to an end with the passing of Justice Ruth Bader Ginsburg, which will result in them adopting a realpolitik approach to the Court.

RBG’s Greatest Insight

By Francesca Procaccini, Climenko Fellow and Lecturer on Law, Harvard Law School

Francesca Procaccini argues that Justice Ruth Bader Ginsburg’s most important insight was that liberty and equality—the two key values of the Constitution—are not distinct or in tension, but in fact intertwined and mutually reinforcing.

The Fanatic

By Donald Ayer, Former U.S. Deputy Attorney General

Donald Ayer attempts to understand why Attorney General Bill Barr acts as he does, pinpoints two key motivating issues—executive power and religion—and says that Barr incorrectly believes the country has not fulfilled the Founders’ intentions on those subjects, and that he must rectify the situation.

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