New Book: “The Making of the American Mind” by Matthew Spalding
Michael Ramsey
Recently published, by Matthew Spalding (Hillsdale College): The Making of the American Mind: The Story of our Declaration of Independence (Encounter Books, Dec. 2025). Here is the book description from Amazon: Thomas Jefferson called the Declaration of Independence “an expression of the American mind.” Not merely a document, the Declaration is the common creed of our […]
Steven Calabresi on the Unitary Executive and Historical Practice
Michsel Ramsey
At Volokh Conspiracy, Steven Calabresi: Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1881 to 1901. From the introduction: During the oral argument in Trump v. Slaughter, Justice Amy Coney Barrett asked counsel for respondent Slaughter how long independent agencies had existed for and counsel suggested to her, incorrectly, that they dated back to the […]
New Evidence About the Antiquated Language of the Citizenship Clause
Andrew Hyman
Getting right to the point, the word “United States” in the Citizenship Clause is plural, and refers in an antiquated way to the collection of states. The new proof consists of newspaper articles published throughout the country in October and November 1866 quoting a key endorsement of the pending 14th Amendment: “It declares all persons born […]
Originalism, Nonoriginalism and Venezuela
Michael Ramsey
From an originalist perspective, I think it’s clear that President Trump did not have the constitutional power to take the actions he took against the Maduro government in Venezuela. As argued at length here, the Constitution allocates to Congress — and by implication denies to the President — the power to initiate military action against […]
Originalism and Judicial Selection in Florida
Michael Ramsey
At Bloomberg Law, Florida Justice Hunt Weighs ‘Bloodthirsty’ Originalist Options. From the introduction: In Florida there’s a split between candidates for the state high court over just how “bloodthirsty” they would be as originalist jurists. In interviews Monday, 10 conservative male applicants answered a panel’s questions in hopes their name would be passed on as a potential […]
Ronald Den Otter: A Conservative Case Against Originalism
Michael Ramsey
Recently published, Ronald C. Den Otter (Cal Poly San Luis Obispo – Political Science), A Conservative Case Against Originalism: The Problem of the Construction Zone and Its Implications (1 Indep. L.J. 83 (2025)) (42 pages). Here is the abstract: The issue with originalism that has generated by far the most scholarly interest and controversy over […]
Kurt Lash: Lyman Trumbull’s Letter to Andrew Johnson
Michael Ramsey
Kurt Lash (University of Richmond School of Law) has posted “Lyman Trumbull’s Letter to Andrew Johnson”: Authorship, Transcript and Artificial Intelligence (26 pages) on SSRN. Here is the abstract: Somewhere in the Library of Congress, in a box of papers donated by the estate of President Andrew Johnson, is an unsigned and undated document titled […]
Jack Goldsmith on the National Guard Ruling
Michael Ramsey
At his substack Executive Functions, Jack Goldsmith: Thoughts on the Interim Order in Trump v. Illinois – The administration loses but still has options for domestic military deployment. From the introduction: President Trump federalized the Illinois and Texas National Guard to protect federal personnel and property in and around Chicago. He relied on 10 U.S.C. § […]
Zack Steigerwald Schnall: The Compatibility of Substantive Canons and Originalism
Michael Ramsey
Zack Steigerwald Schnall (Harvard Law School) has posted The Compatibility of Substantive Canons and Originalism (139 Harvard Law Review 625 (2025)) (21 pages) on SSRN. Here is the abstract: Judges and justices who describe themselves as originalists should neither develop nor apply certain substantive canons, including the major questions doctrine. Professor Michael Ramsey argues in […]
Charles Capps: What Interpretation Just Is and Why It Matters
Michael Ramsey
Charles F. Capps (Arizona State University – Sandra Day O’Connor College of Law) has posted What Interpretation Just Is and Why It Matters (64 pages) on SSRN. Here is the abstract: Scholars often claim that judges must defend their interpretive method based on its consequences. But an analysis of interpretation reveals that to interpret something is […]