James L. Huffman has taught constitutional law for over forty years. He is the author of Private Property and State Power (2013) and Private Property and the Constitution (2013). His commentaries have appeared in the Wall Street Journal, Los Angeles Times, Chicago Tribune, Quillette, The Hill, Washington Times, and other publications.
'A book for our time. A judicious and thoroughly admirable appreciation of the risks and excesses of democracy and the measures needed to curb them.' Owen Fiss, Sterling Professor Emeritus of Law, Yale Law School 'Huffman insightfully examines the causes of political faction or polarization, the constitutional structures that the Framers designed to limit its negative effects, and the gradual erosion of those structures. This book is a powerful reminder that individual liberty is threatened by unconstrained democracy and protected by constitutional checks and balances.' Nadine Strossen, past National President, American Civil Liberties Union (1991–2008) 'Students of the Constitution are familiar with the Framers' fear of the excesses of democracy and their determination to constrain the influence of factions. Huffman is the first scholar to trace the erosion of the Framers' antidemocratic constraints on faction and its contribution to our present political gridlock.' Douglas Ginsburg, Senior Judge, United States Court of Appeals for the District of Columbia Circuit 'Every student of the Constitution is familiar with the Framers' fear of democratic excess and the antidemocratic features of their Constitution. Huffman is the first to trace the evolution of those features through amendment and judicial interpretation while illuminating our present gridlock and what needs to be done about it.' Christopher DeMuth, former President, American Enterprise Institute (1986–2008)