Ryan Snyder: Historical Practice at the Founding
Michael Ramsey
Ryan Snyder (University of Missouri School of Law) has posted Historical Practice at the Founding (64 pages) on SSRN. Here is the abstract: In recent years, the Supreme Court has increasingly relied on historical practice—actions other than judicial decisions that implement the law after its adoption. That creates tension with the Court’s professed adherence to originalism—the […]
Why the Phrase “Subject to the Jurisdiction Thereof” Has the Same Meaning in the U.S. Code as in the Constitution (Plus Mea Culpa)
Andrew Hyman
In a recent post here on this blog, I quoted the Immigration and Nationality Act (INA) including the word “naturalized.” Subsequently, John Vlahoplus responded here at this blog, saying that that word (“naturalized”) was intended in the INA to include only naturalization after birth, instead of immediately at birth. Here is a link to the full […]
John Bougiamas: Reclaiming the Original Meaning of Birthright Citizenship
Michael Ramsey
John Bougiamas (Independent) has posted Subject to the Jurisdiction Thereof: Reclaiming the Original Meaning of Birthright Citizenship (41 pages) on SSRN. Here is the abstract: This paper examines the constitutional basis and original meaning of the Fourteenth Amendment’s Citizenship Clause, arguing that the framers intended a more limited application of birthright citizenship tied to full […]
Rebecca Talbott: Implied Promises in Police Interrogation
Michael Ramsey
Rebecca Talbott (University of San Diego School of Law) has posted Implied Promises in Police Interrogation (59 UC Davis L. Rev. (forthcoming 2026)) (82 pages) on SSRN. Here is the abstract: The Fifth Amendment to the Constitution prevents the police from using so-called promises of leniency to induce suspects to confess to crimes. However, lower […]
Nina Varsava & Bill Watson: Originalism’s General-Law Turn
Michael Ramsey
Nina Varsava (University of Wisconsin Law School) & Bill Watson (University of Illinois College of Law) have posted Originalism’s General-Law Turn (41 pages) on SSRN. Here is the abstract: Originalists are increasingly turning to a general-law theory of constitutional rights. Under this theory, constitutional enactment declared but did not create constitutional rights. The content of those […]
More on Statutory Birthright Citizenship and Trump v. Barbara
John Vlahoplus
Andrew Hyman gives far too short shrift here to Respondents’ defense in Trump v. Barbara of statutory birthright citizenship based on the Nationality Act of 1940 (see pages 20-23 of Respondents’ briefing here, and Mike Ramsey’s analysis here). Hyman does not seriously address linguistic drift—the fact that linguistic usage can change over time, such that […]
Heritage Guide to the Constitution (3rd Edition) Now Available Online
Michael Ramsey
Recently published online, The Heritage Guide to the Constitution (3rd ed., Josh Blackman & John Malcolm, editors). Here is the book description: Over the past two decades, the federal judiciary has increasingly grounded its cases in the Constitution’s original meaning. Students, scholars, lawyers, and judges are now expected to understand and apply the text, history, […]
Haley Proctor on Text and History
Michael Ramsey
At SCOTUSblog, Haley Proctor: Text and history, not history and tradition. From the introduction: It is widely believed that the Supreme Court adjudicates Second Amendment claims using a “history and tradition” test. The label (sometimes referred to as “text, history, and tradition”) has the potential to mislead, with bad consequences for Second Amendment litigation and beyond. This month’s column […]
Steven Calabresi on the Source of Presidential Removal Power
Michael Ramsey
At Volokh Conspiracy, Steven Calabresi: Some Answers to Justice Barrett’s Questions in Trump v. Slaughter. Fro the introduction: Justice Barrett asked several good questions yesterday at oral argument in Trump v. Slaughter, which deserve a further response. First, Justice Barrett asked Solicitor General D. John Sauer whether the Court should rest its holding in this case on […]
Philip Hamburger: No Rights for Deportees?
Michael Ramsey
Philip Hamburger (Columbia University Law School) has posted No Rights for Deportees? (41 pages) on SSRN. Here is the abstract: In 1785, three “Algerians” arrived in Virginia. Although they are long forgotten, their fate remains illuminating about deportation. The constitutional status of deportees is a puzzle. Lawfully visiting foreigners are widely acknowledged to enjoy constitutional […]