Originalism on the Web
Michael Ramsey
Noah Feldman: Ginsburg's right, U.S. Constitution is a bad model (commenting on the study by David Law and Mila Versteeg noted here, and making a somewhat strained argument against originalism). As an aside, as a follow-up to my recent post on Marbury, I note that Professor Feldman says that the practice of judicial review "is an innovation introduced […]
Originalism on the Web: Robert VerBruggen on Balkin’s Living Originalism
Michael Ramsey
In the Washington Times, Robert VerBruggen reviews Living Originalism by Jack Balkin: The original, living Constitution?
Frederick Mark Gedicks: Establishment Clause Incorporation
Michael Ramsey
Frederick Mark Gedicks (Brigham Young University – J. Reuben Clark Law School) has posted Establishment Clause Incorporation: A Logical, Textual, and Historical Defense on SSRN. Here is the abstract: Incorporation of the Establishment Clause against the states is logically and textually impossible — so say most academics, many lower-court judges, and a Supreme Court justice. […]
The Declining Influence of the U.S. Constitution?
Michael Ramsey
At Prawfsblog, Paul Horwitz: More on the "Declining Influence of the U.S. Constitution." Horwitz comments on this NYT column by Adam Liptak: ‘We the People’ Loses Appeal with People around the World. Liptak's column in turn relies on this article by my former colleague David Law and Mila Versteeg: The Declining Influence of the United States Constitution (forthcoming, […]
Thomas H. Lee: Theorizing the Foreign Affairs Constitution
Michael Ramsey
Thomas H. Lee (Fordham University School of Law) has posted Theorizing the Foreign Affairs Constitution (Fordham Law Legal Studies Research Paper ) on SSRN. Here is the abstract: This article applies international relations theory to derive estimates of the U.S. Constitution's provisions pertaining to foreign relations that Americans would have created in light of the […]
Originalism in the Blogs
Michael Ramsey
Alfred Brophy: Cornell on Popular Constitutionalism and the Original Debate Over Originalism. The article Professor Brophy mentions, by the outstanding legal historian Saul Cornell (Fordham), is worthy of attention for a number of reasons. I hope to have more to say about it shortly.
Kevin P. Chapman: Washington Was Right: The Supreme Court Could Have Intervened to Interpret French Treaties
Michael Ramsey
Kevin P. Chapman has posted Washington Was Right: The Supreme Court Could Have Intervened to Interpret French Treaties on SSRN. Here is the abstract: In the early days of his presidency, George Washington faced his first international crisis when French Ambassador Genet demanded that the United States honor its treaty obligations and provide support to […]
Originalism in the Blogs: More Views on Originalism and GPS Tracking
Michael Ramsey
Mike Dorf: Herding Katz. Greg Dihlmann-Malzer: Justice Alito on Originalism in US v. Jones. The common point in these two posts is Justice Alito's surprisingly strong rejection of originalism in United States v. Jones, the GPS tracking case. I agree that's an interesting development, and perhaps a welcome one even for originalists. A politically conservative […]
Patrick J. Charles: Scribble Scrabble, the Second Amendment, and Historical Guideposts
Michael Ramsey
Patrick J. Charles (Government of the United States of America – Air Force) has posted Scribble Scrabble, the Second Amendment, and Historical Guideposts: A Short Reply to Lawrence Rosenthal and Joyce Lee Malcolm (Northwestern University Law Review, Vol. 105, No. 4, p. 1821, 2012) on SSRN. Here is the abstract: The following is a reprint […]
Seth Barrett Tillman on Amar, Teachout and the Foreign Emoluments Clause
Michael Ramsey
Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) – Faculty of Law) has posted Either/Or: Professors Zephyr Rain Teachout and Akhil Reed Amar – Contradictions and Reconciliation on SSRN. Here is the abstract: The Foreign Emoluments Clause is a constitutional backwater. So much so, that there is no substantial discussion of this clause […]