Adam White on the Tariff Case
Michael Ramsey
At SCOTUSblog, Adam White (Scalia Law): President Trump’s tariffs v. the Supreme Court’s duties. From the introduction: … In the International Emergency Economic Powers Act of 1977 – or IEEPA for short – Congress gave presidents sweeping powers to deal with any “unusual and extraordinary threat with respect to which a national emergency has been declared.” Specifically, […]
The Broader Problem of Rampant National Emergencies
Andrew Hyman
The current controversy about emergency tariffs should be viewed in the broader context of proliferating national emergencies. When the National Emergencies Act became law in 1976, there were only four national emergencies in effect. As of now, there are 48. Each of them would have expired automatically after one year, but for presidential renewal. See 50 U.S.C. § […]
Seth Barrett Tillman on New York v. Trump
Michael Ramsey
From the Clemson Law Review, an interview with Seth Barrett Tillman on the New York v. Trump prosecution (and some originalism): Due Process and New York v. Trump: A Conversation with Professor Seth Barrett Tillman. From the early part of the interview: [Tillman] This case [New York v. Trump] is a little bit more complex […]
Lawrence Solum: For Constitutional Theory
Michael Ramsey
Lawrence B. Solum (University of Virginia School of Law) has posted For Constitutional Theory (California Law Review, forthcoming) (14 pages) on SSRN. Here is the abstract: Since the publication of James Bradley Thayer’s “The Origin and Scope of the American Doctrine of Constitutional Law” in 1893 there has been an outpouring of theorizing about constitutionalism in […]
Michael Paulsen: The Interpretive Force of Alexander Hamilton’s Early Expositions of Presidential Power [Updated]
<Michael Ramsey
Michael Stokes Paulsen (The University of St. Thomas (Minnesota)) has posted The Interpretive Force of Alexander Hamilton’s Early Expositions of Presidential Power (53 Pepp. L. Rev. ___ (forthcoming 2026)) (22 pages) on SSRN. Here is the abstract: The most important, rightly influential, early interpretations of the Constitution on presidential power concerning matters of war, peace, […]
Clifford Bates on David Starkey on the British Constitution
Michael Ramsey
At Law & Liberty, Clifford Angell Bates Jr. (Warsaw University – American Studies): David Starkey’s Crowned Republic. From the introduction: As America teeters on the brink of its 250th anniversary as a sovereign republic in 2026, a fog of uncertainty shrouds the true meaning of freedom, rights too often reduced to slogans amid partisan strife. […]
Anuj Desai: Who is the Reader of Statutory Text?
Michael Ramsey
Anuj C. Desai (University of Wisconsin Law School) has posted Textualism Step Zero: Who is the Reader of Statutory Text? (66 pages) on SSRN. Here is the abstract: Textualists argue that judges should interpret statutes based on how a reasonable reader would understand the statutory text, not on the legislature’s subjective intent. But who is that […]
Scholars’ Amicus Brief in the Tariff Cases
Michael Ramsey
I joined this scholars’ amicus curiae brief in the tariff litigation, organized by Professor Sam Estreicher (NYU) and filed on Friday: Brief of Professors of Administrative Law, Separation of Powers, Foreign Relations Law, Legislation and the Regulatory State, and Trade Law as Amici Curiae in Support of Petitioners in 24-1287 and Respondents in 25-250. We […]
Larry Alexander: Interpreting the Law and Complying with It
Michael Ramsey
Larry Alexander (University of San Diego School of Law) has posted Interpreting the Law and Complying with It (Journal of Contemporary Legal Issues, Vol. 27, No. 1 (2025)) (13 pages) on SSRN. Here is the abstract: In this Article, I am going to focus on a set of issues that follow from the fact that […]
Christopher Green: What Makes an Opinion Originalist?
Michael Ramsey
Christopher R. Green (Ohio State University) has posted What Makes an Opinion Originalist? (Florida Law Review, forthcoming) (26 pages) on SSRN. Here is the abstract: Is originalism the law today? Because judicial opinions are an important part of how we know the law, it is important exactly what makes a judicial opinion originalist. Lower courts interpreting […]