The Originalism Blog

The Blog of the Center for the Study of Constitutional Originalism at the University of San Diego School of Law

Author: admin

Conor Clarke & Ari Glogower: Tariffs and the Taxing Power
Michael Ramsey

Conor Clarke (Washington University in St. Louis School of Law) & Ari Glogower (Northwestern Pritzker School of Law) have posted Tariffs and the Taxing Power: Historical Lessons for Major Questions and Nondelegation (Washington University Law Review, Vol. 103 (forthcoming 2026)) (33 pages) on SSRN. Here is the abstract: The Supreme Court is now poised to answer […]

Chad Squitieri on Nondelegation Doctrines
Michael Ramsey

At Law & Liberty, Chad Squitieri (responding to John McGinnis): Nondelegation Doctrines. From the introduction: What comes next for the nondelegation doctrine? In “Nondelegation Without Chaos,” Professor John O. McGinnis offers some characteristically insightful thoughts. In particular, he outlines obstacles standing in the way of a reinvigorated nondelegation doctrine, and offers a proposed means of […]

John McGinnis & Michael Rappaport: Originalism Can Revive Article V
Mike Rappaport

At Law and Liberty, John McGinnis and I have an essay responding to Jill Lepore’s broadside in The Atlantic, “How Originalism Has Killed the Constitution.”  We think that Lepore’s does a poor job: It is safe to say that, unlike the more rigorous work of her colleagues, her jeremiad fails to meet standards of scholarship, as […]

Seth Barrett Tillman on Reading Hamilton’s No. 77
Michael Ramsey

At Volokh Conspiracy, Seth Barrett Tillman (guest-blogging): Chancellor James Kent on Hamilton’s Federalist No. 77 and Modern Academic Commentary.  From the introduction: As readers of this blog will know, there is a long-standing debate about the scope of the President’s and Senate’s appointment and removal powers. That debate has been shaped by the language of the Appointments […]

Elias Neibart: “External Restraints” on Article II?
Michael Reamsey

Elias Neibart (Harvard Law School JD ’25) has posted “External Restraints” on Article II? (79 Vand. L. Rev. En Banc (forthcoming 2026)) (19 pages) on SSRN.  Here is the abstract: It’s understood that, under Article III, Congress has plenary power over the lower federal courts. But that doesn’t mean Congress’s authority is unlimited. “External restraints”–found […]

Two Views of the Federalist Society’s 2025 National Lawyers’ Convention
Michael Ramsey

At SCOTUSblog, Nora Collins: Originalism and judicial oversight: A report from the Federalist Society’s 2025 National Lawyers Convention.  From the introduction: Justices Brett Kavanaugh and Amy Coney Barrett took center stage at the Federalist Society’s annual gala in the nation’s capital, offering reflections on what it means to take the judicial oath and deal with […]

Seth Barrett Tillman on Both Sides of the Trump Litigation
Michael Ramsey

At the New Reform Club, Seth Barrett Tillman: Not Quite Schrödinger’s Cat—At least not yet. From the introduction: My amicus briefs and publications (including co-authored publications) are on both sides of the parallel federal and state Trump election-law-related litigation in: People of the State of New York v. Donald J. Trump, No. 24-2299-cv (2d Cir. Nov. […]

Beau Baumann on Presidential Removals
Michael Ramsey

Somewhat related to yesterdays post, at Law & Liberty, Beau Baumann (PhD candidate, Yale University): On the Dark Side of the Appointments Clause. From the introduction: A few weeks ago, Ilan Wurman wrote a thoughtful essay for Law & Liberty that jousted with the ideas behind Caleb Nelson’s much-discussed break with the unitary executive theory (UET). The UET takes many […]