Earl Maltz: The Myth of the Fourteenth Amendment and the Civil Rights Act of 1866
Michael Ramsey
Recently published, by Earl M. Maltz (Rutgers): The Myth of the Fourteenth Amendment and the Civil Rights Act of 1866 (16 ConLawNOW 41 (2025)). Here is the abstract: Although legal scholars who focus on the original meaning of the Fourteenth Amendment disagree about many things, almost all agree that John Bingham proposed what was to […]
One Additional Point Regarding Birthright Citizenship
David Weisberg
Thanks to the musings of Pres. Trump, there’s been a flurry of interest in the boundaries of birthright citizenship as set forth in the first sentence of Section 1 of the Fourteenth Amendment. (See, e.g., here, here, and here.) As a textualist, I think the most reasonable interpretation is an expansive one, i.e., that birthright citizenship is not conditional upon the lawfulness […]
What’s Hidden Amidst Those Seven Pages of the Congressional Globe
Andrew Hyman
Professor Kurt Lash recently suggested that the focus of the birthright citizenship controversy will be on “roughly seven pages in the Congressional Globe…found at Cong. Globe, 39th Cong., 1st Sess., 2890 to 2897.” Agreed, those seven pages are well worth reading, but those seven pages include not just widely divergent opinions, but also a serious misunderstanding […]
Jonathan Masur & Eric Posner: The Common Political Foundations of Originalism and Cost–Benefit Analysis
Michael Ramsey
Recently published: Jonathan S. Masur (University of Chicago Law School) & Eric A. Posner (University of Chicago Law School), The Common Political Foundations of Originalism and Cost–Benefit Analysis (77 Admin. L. Rev. 65 (2025)). Here is the abstract: Cost–benefit analysis (CBA) and originalism are rarely discussed together and seem to belong to different worlds of […]
Josh Blackman on Justice Barrett’s New Book
Micheal Ramsey
At Volokh Conspiracy, Josh Blackman: How Would You Know If a Justice Issues A Wise, Solomonic Ruling? From the introduction: The Free Press published an extended excerpt from Justice Barrett's new book [ed.: Listening to the Law – Reflections on the Court and Constitution (Free Press, Spet. 9, 2025)]. Justice Barrett develops at some length the […]
Robert Natelson on Birthright Citizenship
Michael Ramsey
At Law & Liberty, Robert G. Natelson: Cutting the Gordian Knot of Birthright Citizenship. From the introduction: … The value of the Fourteenth Amendment has made writers reluctant to criticize the measure’s text or its drafters. Candor compels, however, the conclusion that the Fourteenth Amendment is very poorly written. Much evidence of poor drafting is […]
Andrea Scoseria Katz et al.: Disagreement and Historical Argument or How Not to Think About Removal
Michael Ramsey
Andrea Scoseria Katz (Washington University in St. Louis – School of Law), Noah A. Rosenblum (New York University School of Law) & Jane Manners (Fordham University) have posted Disagreement and Historical Argument or How Not to Think About Removal (37 pages) on SSRN. Here is the abstract: Scholars have debated the reach of the President’s power to remove […]
How Trump’s Tariffs Might Become More Legally Palatable
Andrew Hyman
Regarding the recent split decision by the Federal Circuit striking down tariffs, I have no firm opinion about it as of yet. But I do have a hypothetical in mind to help clarify the issues. Suppose SCOTUS sides with the Federal Circuit, and overturns some or all the recent tariffs. End of story? Not necessarily. Suppose Trump then […]
Marc DeGirolami: How A Theory Can Make A Difference
Michael Ramsey
Marc O. DeGirolami (Catholic University of America – Columbus School of Law) has posted How A Theory Can Make A Difference (77 Fla. L. Rev. __ (forthcoming 2025)) (9 pages) on SSRN. Here is the abstract: Professor Sherif Girgis argues in his rich lecture that originalism as a theory of constitutional law is still unique in some ways, […]
Mogridge and Birthright Citizenship: A Reply to Andrew Hyman [Updated with Comment]
John Vlahoplus
Andrew Hyman offers three critiques of the recent article Birthright Citizenship of Child Born to Enemy Alien Visitors, co-authored with Michael L. Rosin and summarized here. One critique asserts that the article relies on only one side of an 1874 congressional debate. But it does not. The article relies on the decision and record in […]