Jeremy Christiansen: A Response to the “Natural Law” Originalists
Michael Ramsey
Jeremy Christiansen (Regent University School of Law) has posted Natural Law, Unjust Laws, and Judicial Recusal: A Response to the “Natural Law” Originalists (Notre Dame Journal of Law, Ethics & Public Policy, Volume 41, forthcoming) (49 pages) on SSRN. Here is the abstract: America is experiencing a revival of the classical legal tradition. Although this “natural […]
Marty Lederman on the Trump v. Barbara Dissents
Michael Ramsey
At Just Security, Marty Lederman (Georgetown): Counting the Votes in the Supreme Court’s Birthright Citizenship Decision. From the introduction: Most commentators have described the Court as having split 5-4 on the constitutional question [in the birthright citizenship case]. Some have even warned that “conservatives now know they are only one vote away from eliminating birthright citizenship […]
Scott MacGuidwin: Mootness Doctrine at the Founding
Michael Ramsey
Scott T. MacGuidwin (Stanford Constitutional Law Center) has posted Mootness Doctrine at the Founding (NYU Journal of Law and Liberty (forthcoming 2026)) (22 pages) on SSRN. Here is the abstract: Modern mootness doctrine lacks a strong originalist foundation. The traditional narrative describes mootness as part and parcel of the prohibition on “advisory opinions.” At the […]
Chad Squitieri: The Constitutionality of Inter-Branch Appointments
Michael Ramsey
Chad Squitieri (Catholic University Columbus School of Law) has posted The Constitutionality of Inter-Branch Appointments (50 pages) on SSRN. Here is the abstract: In July 2026, a federal district court invoked its statutory power to appoint an interim U.S Attorney. Less than one hour later, President Trump fired that court-appointed prosecutor. The firing, which followed […]
Jed Shugerman and I Discuss Executive Removal
Michael Ramsey
A National Constitution Center podcast: Does Article II of the Constitution Grant the President Power to Fire Anyone in the Executive Branch? From the site’s description: In this episode, legal scholars Michael Ramsey and Jed Shugerman [discuss] the Supreme Court’s recent decisions in Trump v. Slaughter and Trump v. Cook, which address the president’s authority to remove members of the executive branch. They […]
John McGinnis on Judicial Modesty
Michael Ramsey
At Law & Liberty, John McGinnis: The Umpire’s Limits. From the introduction: A Constitution that divides power among three branches and between the federal government and the states needs an umpire. Politicians, responding either to their own interest in expanding their authority or to public passions, will frequently overstep constitutional boundaries. Through judicial review, the Supreme […]
David Schwartz: The Birth of Compact Theory
Michael Ramsey
David S. Schwartz (University of Wisconsin Law School) has posted The Birth of Compact Theory (4 J. Am. Const. Hist. (forthcoming August 2026)) (70 pages) on SSRN. Here is the abstract: “Compact theory” is the idea that the U.S. Constitution is a compact of the states: the act of sovereign states rather than that of “We […]
Legal Theory Lexicon on History and Tradition
Michael Ramsey
At Legal Theory Blog, Legal Theory Lexicon’s updated entry for History and Tradition in Constitutional Theory. From the introduction: … [W]hat does “history and tradition” actually mean? Is history and tradition simply another name for originalism? Or is the turn to history and tradition part of a reconfiguration of constitutional pluralism by conservative justices? More […]
Eric Segall on Justice Kavanaugh’s Trump v. Barbara concurrence
Michael Ramsey
At Dorf on Law, Eric Segall: We are All Constitutional Pluralists Now: Just ask Justice Brett Kavanaugh. From the introduction: In the birthright citizenship case decided this term, Justice Brett Kavanaugh, a self-avowed originalist, detailed his method of constitutional interpretation. It might sound familiar: The Constitution is an enduring document, and its principles were designed to, and […]
Thomas Smith: Legal Voluntarism and the Reoccupation of the Classical Constitution
Michael Ramsey
Thomas A. Smith (University of San Diego School of Law, ret.) has posted The Vacated Position: Legal Voluntarism and the Reoccupation of the Classical Constitution (41 pages) on SSRN. Here is the abstract: Originalism promises to discipline the judicial will by binding it to something fixed, yet it grounds the authority of the fixed thing in […]