Randy Kozel: Precedent and Constitutional Structure
Michael Ramsey
Randy J. Kozel (Notre Dame Law School) has posted Precedent and Constitutional Structure (Northwestern University Law Review, Vol. 112, No. 4, 2018) on SSRN. Here is the abstract: The Constitution does not talk about precedent, at least not explicitly, but several of its features suggest a place for deference to prior decisions. It isolates the […]
Edward Foley: Constitutional Preservation and the Judicial Review of Partisan Gerrymanders
Michael Ramsey
Edward B. Foley (Ohio State University – Moritz College of Law) has posted Constitutional Preservation and the Judicial Review of Partisan Gerrymanders on SSRN. Here is the abstract: This essay makes three contributions to the debate over whether the Constitution contains a judicially enforceable constraint on gerrymanders. First, it directly tackles the Chief Justice’s fear of […]
Rebecca Roiphe & Bruce Green: Can the President Control the Department of Justice?
Michael Ramsey
Rebecca Roiphe (New York Law School) and Bruce A. Green (Fordham University School of Law) have posted Can the President Control the Department of Justice? (Alabama Law Review, forthcoming) on SSRN. Here is the abstract: This article addresses the question of presidential power principally from an historical perspective. It argues that the Department of Justice […]
Garrett West: Congress’s Arrest Power and the Limits of Liquidation
Michael Ramsey
E. Garrett West (Yale Law School, students) has posted Revisiting Contempt: Congress's Arrest Power and the Limits of Liquidation (forthcoming) on SSRN. Here is the abstract: This Article presents the first sustained challenge to the conventional wisdom. Beginning with the Constitution’s text, I argue that this power has no basis the enumerated powers of each […]
Jennifer Gordon: A New Look at the Federal Immigration Power and the Constitution
Michael Ramsey
Jennifer Gordon (Fordham University School of Law) has posted Immigration as Commerce: A New Look at the Federal Immigration Power and the Constitution (Indiana Law Journal, Vol. 93, 2018) on SSRN. Here is the abstract: The relationship of immigration law to the Constitution has long been incoherent. One result is that there is little clarity […]
Andre LeDuc: Competing Accounts of Interpretation and Practical Reasoning in the Debate Over Originalism
Michael Ramsey
Andre LeDuc (Independent) has posted Competing Accounts of Interpretation and Practical Reasoning in the Debate Over Originalism (University of New Hampshire Law Review, Vol. 16, No. 1, 2017) on SSRN. Here is the abstract: This article explores two assumptions about constitutional law and the form of practical reasoning inherent in constitutional argument and decision that have […]
Stephen Sachs: Originalism Without Text
Michael Ramsey
In the current issue of the Yale Law Journal, Stephen E. Sachs (Duke) has the essay Originalism Without Text (127 Yale L.J. 156 (2017)). Here is the abstract: Originalism is not about the text. Though the theory is often treated as a way to read the Constitution’s words, that conventional view is misleading. A society […]
Rosalind Dixon: Constitutional Drafters as Judges
Michael Ramsey
Rosalind Dixon (University of New South Wales (UNSW) – Faculty of Law) has posted Constitutional Design Two Ways: Constitutional Drafters as Judges ((2017) 57(1) Virginia Journal of International Law 1) on SSRN. Here is the abstract: Constitutional scholarship often assumes a strict separation between processes of constitutional drafting and interpretation. Yet on constitutional courts around the […]
Richard Primus and Kevin Stack on Serkin & Tebbe’s “Is the Constitution Special?”
Michael Ramsey
Richard Primus (University of Michigan Law School), Christopher Serkin (Vanderbilt Law School), Kevin M. Stack (Vanderbilt University – Law School), and Nelson Tebbe (Cornell Law School) have posted Debate (Cornell Law Review, Vol. 102, No. 6, 2017) on SSRN. Here is the abstract: Do lawyers and judges use distinctive arguments when they interpret the Constitution? Should they? In a […]
Daniel Hulsebosch and David Golove: Foreign Relations and the Law of Nations in the Federalist
Michael Ramsey
Daniel J. Hulsebosch (New York University School of Law) and David M. Golove (New York University School of Law) have posted 'The Known Opinion of the Impartial World': Foreign Relations and the Law of Nations in the Federalist (NYU School of Law Cambridge Companion to The Federalist (Jack N. Rakove & Colleen Sheehan, eds., March 2017) on SSRN. […]