Claims extracted
23
sentences that state something as happening or true
Uncertain
9%
2 of 23 hedged
("reportedly", "may", "according to")
Leaning
Leans right
of the writing, not the subject · beta estimate
Publisher signals
67/100
Reason's corrections and
hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
SCOTUSBlog has published the final installment in our series on recent changes in constitutional law.
asserted
SCOTUSBlog → publish → law
This essay focuses on the separation of powers.
asserted
essay → focus → powers
It begins:
The late 1990s and early 2000s ushered in the Rehnquist federalism revolution, which appeared to place limits on Congress' powers and expand those of the states.
asserted
which → begin → states
Then came Sept. 11, 2001, and the global war on terror, which seemed poised to expand the president's powers.
asserted
which → come → powers
Yet, by 2008, Congress' powers seemed without meaningful limits and the president's efforts to expand his own powers had failed.
asserted
efforts → seem → powers
And the separation of powers remained, well, separate.
asserted
separation → remain → powers
Nevertheless, the next two decades would vastly enlarge the president's powers as Congress' authority over the executive branch would be greatly diminished.
asserted
authority → enlarge → branch
Here is a chart that shows the shift in cases:
asserted
that → show → cases
Here is our conclusion:
Up to the fourth edition of our casebook in 2022, constitutional law followed a somewhat predictable arc.
asserted
followed → follow → arc
To be sure, there were shifts to the left and to the right, but the doctrine could be explained by a coherent narrative: the New Deal settlement on federal power was untouchable; the court would offer only modest protections for federalism; the administrative state was beyond reproach; attempts to single out unpopular groups would be halted; "benign" racial classifications were permitted; and church and state were strictly separated.
uncertain
church → be → groups
Now, each aspect of this narrative has been reconceived.
asserted
aspect → reconceive → narrative
The five years since that edition appeared have brought the most changes to constitutional law since the Warren court.
asserted
edition → appear → court
We began this series by observing that lawyers tend to internalize the constitutional law that existed when they attended law school.
asserted
they → begin → school
Virtually all law professors today came of age in a time of stasis.
asserted
professors → come → stasis
They could safely assume that the trajectory of the Warren court would continue indefinitely.
uncertain
trajectory → assume → court
But the jurisprudence of the Burger and Rehnquist courts was primed for a reversal, just as the Warren court reversed so many precedents from before.
asserted
court → prim → precedents
Ultimately, the Roberts court continues to chip away at precedents from the 1970s and 1980s, even if the precedents from the 1960s and before remain.
asserted
precedents → continue → 1960s
Many of these professors have struggled to cope with sudden changes in the doctrine.
asserted
Many → struggle → doctrine
Some have voiced their despair of teaching constitutional law at all.
asserted
Some → voice → law
Unsurprisingly, their students also struggle to cope with these developments.
asserted
students → struggle → developments
Our role as casebook editors, and constitutional law professors, is to guide students through the entire corpus of constitutional law, from the framing to the present day, without any nostalgia for, or bias against, times gone by.
asserted
role → guide → times
This is my last planned post with SCOTUSBlog.
asserted
This → plan → SCOTUSBlog
I'm sure there will be more to come.
asserted
I → come → ?
The Aporia
