Easterbrook and Hyman on the Fourteenth Amendment
Chris Green
Thanks to Mike Ramsey for pointing out Judge Easterbrook's very stimulating Scalia Lecture. I found one of the exchanges particularly interesting, between about 1:02:30 and 1:08:00 on the video. In response to Charles Fried's question about sex discrimination and the Fourteenth Amendment, Easterbrook notes his agreement with David Currie's view (later echoed by John Harrison and […]
Lash on ERAERNBER: Not Less than Equal Citizenship for Citizens Who Stay Home
Chris Green
UPDATE: The arguments in this post have been incorporated into an essay forthcoming in 24 William and Mary Bill of Rights Journal (2015). Please refer to the essay version, available here. —– Thanks to Kurt Lash, a friend quite able to disagree without being disagreeable, for replying to my review (parts 1, 2, 3, 4, 5, 6). I hope that future discussions will have […]
Lash on ITINBI, part 6: Subsequent Interpretations
Chris Green
UPDATE: The arguments in this post have been incorporated into an essay forthcoming in 24 William & Mary Bill of Rights Journal (2015). Please refer to the essay version, available here. —– (1, 2, 3, 4, 5) I close my review of Kurt Lash's thoroughly-worth-reading book, The Fourteenth Amendment and the Privileges and Immunities of American Citizenship, with a few comments on […]
Lash on ITINBI, part 5: 1866
Chris Green
UPDATE: The arguments in this post have been incorporated into an essay forthcoming in 24 William and Mary Bill of Rights Journal (2015). Please refer to the essay version, available here. —– The first 4 parts of this review (1, 2, 3, 4) of Kurt Lash's very important book on the Privileges or Immunities Clause consider the […]
Lash on ITINBI, part 4: Equality
Chris Green
UPDATE: The arguments in this post have been incorporated into an essay forthcoming in 24 William and Mary Bill of Rights Journal (2015). Please refer to the essay version, available here. —– (Parts 1, 2 and 3) I continue my review of Kurt Lash's excellent book with some evidence in support of the view I favor–that the […]
Lash on ITINBI, part 3: “Abridge,” “In,” Bingham 1867 and Howard 1869
Chris Green
UPDATE: The arguments in this post have been incorporated into an essay forthcoming in 24 William and Mary Bill of Rights Journal (2015). Please refer to the essay version, available here. —– (Part 1, Part 2). I continue with my series on Kurt Lash's book on the Privileges or Immunities Clause; Lash defends what I call ITINBI: […]
Lash on ITINBI, part 2: 1791/1868
Chris Green
UPDATE: The arguments in this post have been incorporated into an essay forthcoming in 24 William and Mary Bill of Rights Journal (2015). Please refer to the essay version, available here. —– In part 1, I ran through the sorts of evidence in Kurt Lash's book, which defends a form of what I call the "incorporation, total […]
Lash’s Incorporation-Only View of the Privileges or Immunities Clause
Chris Green
UPDATE: The arguments in this post have been incorporated into an essay forthcoming in 24 William and Mary Bill of Rights Journal (2015). Please refer to the essay version, available here. —– Mike Ramsey has rightly called Kurt Lash's book from last spring, The Fourteenth Amendment and the Privileges and Immunities of American Citizenship, an […]
Originalism and Campaign Contributions
Chris Green
I second Mike Ramsey's call for more originalist scholarship on campaign-finance issues, especially those related to campaign contributions. In my very limited investigation, I became intrigued by–but have not had the chance to track down to any depth–the intellectual background to Ex Parte Curtis, 106 U.S. 371 (1882), which upheld a ban on political contributions […]
Statutory Originalism in Hobby Lobby
Chris Green
Mike Ramsey noted a couple of months ago that the Supreme Court has repeatedly and unanimously explained that the touchstone for statutory interpretation was how Congress used the statute's language at the time of enactment: exactly the same approach to statutes that originalists advocate for the Constitution. I was struck reading the Hobby Lobby transcript from […]