Ian C. Bartrum

What's the most important thing you are working on right now?

I’m working on two things. The first is a fairly in-depth exploration of Cliven Bundy’s constitutional claims. I think federal land retention and management remains an important and controversial issue in Nevada and across the West.  I’m also working on a longer-term article—or perhaps a book—on the intellectual history of judicial review. I have found roots in medieval popular sovereignty theory and in Enlightenment separation of powers ideas. The larger hope is to better understand the ways that we divided up the sovereign prerogative at the Founding.

What have you read, listened to, or watched recently that has influenced you or your work?

I read a draft of a piece by Professor Michael McConnell (Stanford) called The Logical Structure of Article II, which blew me away. McConnell argues that the enumeration of legislative powers in Article I is less about allocating authority between the state and federal governments, and more about formally dividing the older English sovereign prerogative between the Executive and Legislative branches. Truly fascinating, with broad constitutional implications; and it definitely influenced me to write my piece on judicial review.
 
When students ask you what they should read outside the required textbooks and other law-related books, what do you suggest?

I often suggest reading Franz Kafka’s The Trial. To me, at least, it presents a chilling vision of a society without a commitment to a transparent and rational rule of law. As someone who teaches Jurisprudence, it also raises important questions about what should count as “law,” and why we should value it. These are deep and important questions in our current political climate.