Eric Segall on Justice Scalia
Michael Ramsey
At Dorf on Law, Eric Segall: Supreme Irony: GOP Talking Points and Scalia’s True Legacy. From the introduction: It is fair for Republicans to promise to appoint Justices who will vote for policies that further their interests. It is absurd, however, for Republicans to suggest, as they always do, that what that means is that […]
Eric Posner on Trump and Originalists
Michael Ramsey
Eric Posner at ericposner.com: Trump and the Originalists. From the introduction: Trump does not hold any discernable constitutional philosophy but Trumpism owes its meteoric rise in part to originalism, which was so forcefully championed by Antonin Scalia over his long career. I see Trumpism as having three parts: (1) a policy commitment to economic nationalism and […]
Richard Primus and John McGinnis on Gary Johnson and Originalism
Michael Ramsey
Richard Primus at Balkinization: A Small Note on Gary Johnson’s Originalism. From the introduction: Last week, Libertarian Vice-Presidential candidate Bill Weld created a small stir among committed libertarians by saying that a Johnson-Weld administration would want to appoint Supreme Court Justices in the mold of Stephen Breyer and Merrick Garland. The stir was understandable. Justice […]
Will Baude on “The Law of Interpretation”
Michael Ramsey
Will Baude (Chicago) is guest-blogging about his article (with Stephen Sachs) "The Law of Interpretation" at Volokh Conspiracy. Here are the initial posts: What is legal interpretation anyway? (the opening post) Interpretation and ‘the artificial reason of the law’ – with the key proposition: Simply put, we think that there can be, and usually are, legal […]
Drew Starling & Sean Nadel on “A Newer Originalism”
Michael Ramsey
At the U.S. Intellectual History Blog (I like that there is such a thing!), Drew Starling (Ph.D. candidate in history, University of Pennsylvania) and Sean Nadel (J.D. candidate, Columbia): A Newer Originalism: Book History and Constitutional Interpretation. From the introduction: The recent passing of Justice Antonin Scalia has given new relevance to debates about constitutional […]
Laurence Tribe: A Multidimensional Reappraisal of Separation of Powers Doctrine
Michael Ramsey
In the Yale Law Journal Forum, Laurence H. Tribe: Transcending the Youngstown Triptych: A Multidimensional Reappraisal of Separation of Powers Doctrine (126 Yale L.J. F. 86 (2016)). From the introduction: The time is ripe for a reappraisal of the separation of powers as the organizing principle of our federal government. Most of the relevant doctrinal architecture has […]
Eric Segall (and Ed Whelan) on Justice Ginsburg
Michael Ramsey
At Dorf on Law, Eric Segall: Justice Ginsburg and the Emperor’s New Clothes. From the core of the post: Should Justice Ginsburg have spoken out is of course the real question. One of the leading experts on legal ethics in the country, Professor Steve Gillers, said no because the "rule of law" requires "the public to view […]
Jeffrey Toobin and Ralph Rossum on Justice Thomas’ Abortion Dissent
Michael Ramsey
At The New Yorker, Jeffrey Toobin: Clarence Thomas Has His Own Constitution. The truth is that Thomas’s view of the Constitution is highly idiosyncratic. Indeed, one reason he wrote so many opinions (often solo dissents and concurrences) was that no other Justice, including Scalia, shared his views. Thomas is a great deal more conservative than […]
Steven Lubet on the Living Constitution in Williams v. Pennsylvania
Michael Ramsey
In the National Law Journal, Steven Lubet: Court Rightly Embraced a ‘Living’ Constitution in Death Penalty Case. From the introduction: How should we interpret our Constitution? Is it a living document, to be read in the context of present conditions and current knowledge, or should it be strictly limited by the "original meaning" on the […]
John McGinnis and Peter Shane on the Treatymaking and Appointments Clauses
Michael Ramsey
John McGinnis and Peter Shane tackle the appointments and treatymaking clauses for the National Constitution Center's Interactive Constitution, here. (This the format I noted in this post). Professor McGinnis' outstanding quick originalist assessment of the treatymaking power, with which I almost entirely agree: Just as the President can fire executive officials pursuant to executive power […]