Benjamin Ewing

Prods and Pleas: Limited Government in an Era of Unlimited Harm

121 Yale L.J. 350 (2011). Not just a system of checks and balances ideally tuned to constrain collective political action, the constitutional division of authority also may be seen as a system of “prods and pleas” in which distinct governmental branches and actors can push each other to entertain collective political action when necessary. Though prods and pleas are an...