A Nonoriginalist Challenge to Birthright Citizenship for Illegals: A Nonoriginalist Interpretation
Mike Rappaport

In two prior posts on the Liberty Law Blog, I argued 1) for a large amount of legal immigration and 2) that the original meaning of the Fourteenth Amendment confers birthright citizenship, even on  the children of illegal immigrants. Here, though, I want to present a nonoriginalist interpretation of the Fourteenth Amendment's Citizenship Clause – one that would deny birthright citizenship […]

It is Not Clear that the Speaker Needs to be a Member of the House
Mike Rappaport

In a post last week, Diana Schaub argues that the Speaker of the House must be a member of the House of Representatives.  Here is the initial part of her argument: There is an inescapable logic to the setting forth of the Constitution’s sections which should guide interpretation. In Article 1, Section 1, we learn that Congress […]

Enforcing the Separation of Powers: Buckley v. Valeo
Mike Rappaport

Every year, I teach the 1976 case of Buckley v. Valeo in my Administrative Law class – not the portion that involves campaign finance regulation, but the part that concerns the Appointments Clause. Congress had established the Federal Election Commission, which was an independent agency with significant power to administer the campaign finance laws.  Congress, however, had […]

A Neo-Dworkinian Argument for Originalism
Mike Rappaport

A while back I did a bunch of posts on the relationship between positivism and originalism.  At the time, I also planned on doing a post on Dworkinian theory and originalism, but never got around to it.  I am finally doing the post. Dworkin favored an interpretive theory of law that attempted to interpret or give […]