Forgetting Oblivion: The Demise of the Legislative Pardon
Mike Rappaport
Bernadette A. Meyler (Cornell University – School of Law; Stanford Law School) has posted Forgetting Oblivion: The Demise of the Legislative Pardon on SSRN. Here is the abstract: Since the post-Civil War cases arising out of conflicts over the proper location of the amnesty power, it has generally been thought that pardon and amnesty are […]
Originalism on the Web
Mike Rappaport
Michael Cotter on The Practical Constitution.
Originalism on the Web
Mike Rappaport
Andrew C. McCarthy reviews The Language of Law and the Foundations of American Constitutionalism by Gary L. McDowell.
Originalism on the Web
Mike Rappaport
James C. Ho on Ban on birthright citizenship unconstitutional.
‘It is a Little Known Legal Fact’: Originalism, Customary Human Rights Law and Constitutional Interpretation
Mike Rappaport
Professor Li-ann Thio (National University of Singapore (NUS) – Faculty of Law) has posted ‘It is a Little Known Legal Fact’: Originalism, Customary Human Rights Law and Constitutional Interpretation on SSRN. Here is the abstract: The judicial approach towards constitutional interpretation, in attributing meaning to words in the constitutional text, illumines judicial self-understanding of institutional […]
Originalism on the Web
Mike Rappaport
Michael Kinsley on Obama's Humpty-Dumpty war.
Apples to Apples: A Federalism-Based Theory for the Use of Founding-Era State Constitutions to Interpret the Constitution
Mike Rappaport
Eric R. Nitz (Georgetown University Law Center) has posted Comparing Apples to Apples: A Federalism-Based Theory for the Use of Founding-Era State Constitutions to Interpret the Constitution (Georgetown Law Journal, Vol. 100, No. 1, November 2011) on SSRN. Here is the abstract: Originalists – who interpret the Constitution historically by referencing the founding era – […]
Originalism on the Web
Mike Rappaport
Garrett Epps on Constitutional Citizenship.
Originalism on the Web
Mike Rappaport
Michael Kinsley on Presidents can't declare war? Just watch them. Robert J. Spitzer on Obama, War Powers, and Yoo.
An Article I Theory of the Inherent Powers of the Federal Courts
Mike Rappaport
Benjamin H. Barton (University of Tennessee College of Law) has posted An Article I Theory of the Inherent Powers of the Federal Courts on SSRN. Here is the abstact: A proper understanding of the nature of the inherent powers begins with separating whether the judiciary has any constitutional power to overrule Congress from the judiciary’s […]