Con Reynolds: The Original Role of Article III in Federal Imprisonment
Michael Ramsey
Con Reynolds (Counsel to the Chair, U.S. Sentencing Commission) has posted The Original Role of Article III in Federal Imprisonment (University of Pennsylvania Law Review, Volume 175, Issue 6 (2027) (forthcoming)) (60 pages) on SSRN. Here is the abstract: Since the late 1970s, the Supreme Court has pushed federal courts to defer to prison administrators. This […]
William Baude on the President’s Law Firm Executive Orders
Michael Ramsey
William Baude (University of Chicago Law School) has posted Abuse of Power in the Second Trump Administration (23 U. St. Thomas L. J. (forthcoming 2026)) (12 pages) on SSRN. Here is the abstract: The law firm orders are not the most unconstitutional thing the Trump administration has done to date. But they are emblematic of a […]
Christopher Green: Clarity and Section Five
Michael Ramsey
Christopher R. Green (Ohio State University) has posted Clarity and Section Five (39 Notre Dame J. L. Ethics & Pub. Pol’y 147 (2025)) (16 pages) on SSRN. Here is the abstract: City of Boerne v. Flores (1997) requires that congressional use of its Fourteenth Amendment Section Five power to “enforce, by appropriate legislation, the provisions […]
Stephen Halbrook: How a Fake Citation Misled Courts to Uphold “Sensitive Place” Gun Bans
Michael Ramsey
Recently published, Stephen P. Halbrook (Independent Institute): How a Fake Citation Misled Courts to Uphold “Sensitive Place” Gun Bans: The Second Circuit’s Misunderstanding of Founding-Era Law on Going Armed (2 Journal of Law & Civil Governance at Texas A&M 1 (2026)) (45 pages). Here is the abstract: This article concerns how a fake citation has […]
Kathleen Claussen & Timothy Meyer: The Foreign Commerce Power
Michael Ramsey
Recently published, in the California Law Review, Kathleen Claussen (Georgetown University Law Center) & Timothy Meyer (Duke University School of Law): The Foreign Commerce Power (114 Cal. L. Rev. 407 (2026)) (71 pages). Here is the abstract: This Article is the first to scrutinize presidential trade authority under the Constitution. The Constitution grants the President […]
Ilan Wurman: Unconstitutional Conditions and the Doctrine of Public Rights
Michael Ramsey
Ilan Wurman (University of Minnesota Law School) has posted Unconstitutional Conditions and the Doctrine of Public Rights (Administrative Law Review, forthcoming vol. 78) (43 pages) on SSRN. Here is the abstract: The Supreme Court is in the throes of a public rights counterrevolution. The public rights doctrine is an “exception” to the requirements of Article III […]
Richard Ryerson on John Adams’ “Thoughts on Government”
Michael Ramsey
At Law & Liberty, Richard Alan Ryerson: Adams the Lawgiver. From the introduction: On March 19, 1776—two days after America’s Continental Army forced the British Army to evacuate Boston—John Adams, attending Congress in Philadelphia, wrote to his wife Abigail, at home in Massachusetts, in reply to her inquiry about the public reception of America’s first […]
Chad Squitieri: Congress in the Mouth of a Lawyer
Michael Ramsey
Chad Squitieri (Catholic University Columbus School of Law) has posted Congress in the Mouth of a Lawyer (78 Ala. L. Rev. __ (forthcoming)) (52 pages) on SSRN. Here is the abstract: It is common to loosely speak of “Congress” as making federal law—or what the Constitution refers to as the “supreme Law of the Land.” But […]
Eric Segall: How the Roberts Court Killed Originalism
Michael Ramsey
Recently published, by Eric J. Segall (Georgia State University College of Law): How the Roberts Court Killed Originalism (42 Ga. St. U. L. Rev. 665 (2026)) (81 pages). Here is the abstract: Although there are at least five justices who identify as originalists on the Roberts Court, none of them exercise judicial review in an […]
It Depends on What the Meaning of “Hostilities” Is
Michael Ramsey
Is the Trump administration in violation of the War Powers Resolution? The Resolution provides, in section 4(a)(1), that In the absence of a declaration of war, in any case in which United States Armed Forces are introduced … into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances … […]