David Jeremiah Barron: “I just want to express my great thanks to you, Senator Leahy, for chairing the hearing today.”

federalism is what we make of it. Rehnquist and his conservative colleagues have been making the most of it for more than a decade. It is time for progressives to do the same.

It has long been a precept of the progressive view that the Constitution is not frozen and even recent conservative judicial nominees seem hesitant to challenge that notion.