Over at The Corner, John Derbyshire and Andy McCarthy have mused about the constitutional views of Barack Obama, of which there seems to be scant evidence. Their remarks put me in mind of an Emily Bazelon article at Slate last week, an embarrassingly gushy, crushy piece praising Obamaโs acumen as a legal and constitutional thinker. Bazelon describes him as โa former constitutional law professorโ (remember when they said the same about Bill Clinton?), whose โlawyer team loves their man because he goes toe to toe with them.โ She relates an episode that Obamaโs law-professor admirers told her, in which four of themโโtitans, all,โ Bazelon calls them (Harvardโs Martha Minow and Laurence Tribe, Chicagoโs Cass Sunstein, and Georgetownโs Neal Katyal)โworked on a draft speech about โlaw and democracy,โ only to have the candidate blow them all away with a superior version off the top of his head.
All this is by way of making a case that Barack Obama is so very knowledgeable about legal and constitutional matters that he can personally take charge of judicial appointments and legal policy questions and wonโt have to โoutsourceโ his thinking on such matters.
Letโs not get carried away, though. According to Obamaโs biographical entry in Michael Baroneโs Almanac of American Politics, Obama had the status of โlecturerโ at the University of Chicago Law School from 1993 until his election as a U.S. senator in 2004. But in 1996 he was elected to the Illinois legislature, and from all appearances on the U. of C. law schoolโs website (which now lists Obama as a โsenior lecturerโ on leave), the status of โlecturerโ is like an adjunct or part-time appointment. He was never, as Bazelon describes him, a โprofessorโ of constitutional law, though con law is often said to have been the subject he taught.
And what has Obama published on constitutional law or any other legal topic? Although he was president of the Harvard Law Review as a student, in which capacity he no doubt wrote some unsigned notes, a search of the HeinOnline database of law journals turns up exactly nothing credited to Obama in any law review anywhere at any time. This is yet more indication that his status as โlecturerโ at Chicago was not a regular faculty appointment, since regular full-time faculty are expected to produce scholarship.
Let me say that again. There appears to be not one single article, published talk, book review, or comment of any kind, anywhere in the professional legal literature, under Barack Obamaโs name, notwithstanding an apparent eleven-year teaching career in constitutional law at a top-flight law school.
But he is a titan of constitutional thoughtโnay, a super-titan, towering over the titanic Sunsteins and Tribes of the world. We will just have to take the word of Emily Bazelon and Obamaโs in-house fan club for that.






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