Anthony Johnstone: A Madisonian Case for Disclosure
Michael Ramsey
Anthony Johnstone (University of Montana School of Law) has posted A Madisonian Case for Disclosure (George Mason Law Review, Vol. 19, No. 2, 2012) on SSRN. Here is the abstract: Notwithstanding its secondary holding that there is “no constitutional impediment” to requiring disclosure of those who fund independent campaign expenditures, the case for campaign finance […]
Originalism in the Blogs
Michael Ramsey
Interesting thoughts on originalism by philosophy professor Bob Yanal at his blog Peregrinations: Originalism and Penumbral Cases and True Originalism and Magical Originalism. And at Balkinization, more on the definition of originalism, in the series of posts inspired by Gerard Magliocca: Ken Kersh: Anchor Originalism vs. Sail Originalism: An APD Take Andrew Koppelman: Another Definition of Originalism
Originalism in the Blogs
Michael Ramsey
Gerard Magliocca's post on originalism, noted here, has provoked some outstanding responses: At Legal Theory Blog, Lawrence B. Solum delivers a sharp and sophisticated critique: A Simple Test for Originalism? And Jack Balkin responds to Professor Magliocca at Balkinization: Why Sigh . . . . About Originalism?, leading to this exchange – Magliocca; Balkin; Magliocca. Balkin, […]
Originalism in the Blogs: Ed Whelan and Gerard Magliocca on Calabresi and Sex Discrimination
Michael Ramsey
At NRO, Ed Whelan critiques Originalism and Sex Discrimination by Steven Calabresi and Julia Rickert: “In a series of posts, I will explain why I find Calabresi’s argument unpersuasive and, indeed, bewildering” (here and here). Meanwhile, Gerard Magliocca at Balkinization comments: Sigh . . . Originalism. He writes: I'd like to propose a simple test for […]
Originalism in the Blogs
Michael Ramsey
Nicole Flatow: Justice Ginsburg’s Take on Originalism.
Allen R. Kamp: The Birthright Citizenship Controversy
Michael Ramsey
Allen R. Kamp (The John Marshall Law School) has posted The Birthright Citizenship Controversy: A Study of Conservative Substance and Rhetoric on SSRN. Here is the abstract: This essay is a critique of the conservative rhetoric used in their attack on birthright citizenship — as granted by Clause 1 of the Fourteenth Amendment, which states: […]
Originalism on the Web
Michael Ramsey
George Skelton in the L.A. Times: Public pensions are protected in the Constitution. This issue may resurrect interest in the contracts clause of Article I, Section 10: “No State shall … pass any … Law impairing the Obligation of Contracts…” And it may pose a conflict for conservative originalists. As Skelton reports, public sector unions […]
Nicholas Aroney: Towards the ‘Best Explanation’ of the Constitution
Michael Ramsey
Nicholas Aroney (University of Queensland – TC Beirne School of Law) has posted Towards the ‘Best Explanation’ of the Constitution: Text, Structure, History and Principle in Roach v Electoral Commissioner (University of Queensland Law Journal, Vol. 30, No. 1, pp. 145-164, 2011) on SSRN. Here is the abstract: This article explores what it would mean […]
Steven G. Calabresi & Julia T. Rickert: Originalism and Sex Discrimination
Michael Ramsey
While on the topic of the original meaning of the equal protection clause … Steven G. Calabresi (Northwestern University – School of Law) and Julia T. Rickert have posted Originalism and Sex Discrimination (Texas Law Review, Forthcoming) on SSRN. Here is the abstract: Justice Scalia and most other originalists have concluded that Section One of the Fourteenth […]
A. Benjamin Spencer: The Judicial Power and the Inferior Federal Courts
Michael Ramsey
A. Benjamin Spencer (University of Virginia School of Law; Washington & Lee University School of Law) has posted The Judicial Power and the Inferior Federal Courts: Exploring the Constitutional Vesting Thesis (Georgia Law Review, Vol. 46, No. 1, 2011) on SSRN. Here is the abstract: The third branch of our federal government has traditionally been […]