Democracy in Britain: The Lords’ Work
Part 2: How the “hereditary peers” enhance lawmaking and support the soft power of the UK.
The main argument against the “hereditary” peers in Britain’s House of Lords is not, oddly enough, that they are harmful to lawmaking. One would think that fundamental reforms to the composition of a legislative chamber would somehow involve its work, but few in Westminster complain about the substantive contributions of the Lords.
One of the oft-repeated criticisms is that the chamber is too large. We ominously and repeatedly hear that only the Chinese National People’s Congress has more members—but is anyone suggesting a causal link between legislative size and communism? The New Hampshire House of Representatives has four hundred members, far and away the largest state legislative chamber in America, yet the “Live Free or Die” state is one of the more libertarian in the Union.
To the contrary, a relatively large number of members is appropriate for a scrutinizing body. With more members and expertise, the better attention it can pay to legislation originating from the other chamber. Furthermore, Lord Philip Norton notes that “size is not the most pressing problem in terms of public trust. My experience is that few people outside Westminster know how many members there are of the House.”
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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What’s Wrong with a Military Campaign Against the Drug Trade
Trump’s boat strikes against the cartels risk crossing the line between law enforcement and war.
The Long History of Presidential Discretion
The Framers did not expect Congress to preauthorize every use of force or to manage military campaigns.
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Supreme Court Term Preview: Presidential Power in Two Dimensions
Aaron Nielson offers a roadmap to the Supreme Court’s upcoming tests of presidential power, from interbranch conflicts to internal executive control.
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Judge Oldham's Olson Lecture: Yet Another FedSoc Debate or an Existential Challenge?
Judge Andrew S. Oldham’s Olson lecture reminds us that what worked for the Federalist Society in 1985 may not work in 2025 — and almost certainly won’t in 2065.
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