More on the Equal Protection Clause and the Federal Government
Mike Rappaport
My post on the fact that the equality requirement did not apply to the federal government, which was expanding on Mike Ramsey's post, has generated some discussion. See these two posts on the Volokh Conspiracy by Will Baude and by Ilya Somin. One last point. One way that the equality requirement might apply against the federal government is through due […]
Andrew Tutt: Blightened Scrutiny
Michael Ramsey
Andrew Tutt (Yale University – Information Society Project; Yale Law School) has posted Blightened Scrutiny (UC Davis Law Review, Vol. 47, No. 5, 2014) on SSRN. Here is the abstract: There is perhaps no fate worse than a declaration that one’s property is blighted. With that label in hand, the government obtains a virtually limitless power […]
The 14th Amendment Equality Requirement Does Not Apply to the Federal Government
Mike Rappaport
Last week, Mike Ramsey had a great critique of Erwin Chemerinsky’s attack on Originalism. As Mike points out, Chemerinsky’s attack includes some very weak points, including the claim that the Constitution’s use of the term “he” means that under originalism women could not serve in office. Alas, attacks on originalism often engage in bad originalism. […]
Garrett Epps on Conservatives versus Libertarians on the Supreme Court
Michael Ramsey
At the American Prospect, Garrett Epps: Reagan's Court versus the Libertarians'. Josh Blackman comments here. Ilya Somin comments (even more skeptically) here, and says pretty much what I would say.
Library of Congress Analysis of the Constitution
Mike Rappaport
A new edition of The Constitution: Analysis & Interpretation has just been released. I have used these massive volumes in the past and have found them to be very informative. The PDF is enormous — over 2800 pages — but it is a lot lighter on your computer than the heavy hard cover volumes used […]
Mike Greve and John Yoo on a New Conservative Program
Mike Greve notes John Yoo’s call for a new conservative program. I don’t have access to John’s article, but Mike raises a number of important issues. I agree with Mike that one wants a program that does not shift based on who is in power, but instead promotes the long run interests of the country in accordance […]
Another Notable Amicus Brief in Bond v. United States
Michael Ramsey
In noting the principal amicus briefs in Bond v. United States, I overlooked this one on behalf of Chemical Weapons Convention Negotiators and Experts. As described in this news release from Indiana University: In the brief, the arms control experts support the U.S. government's position that, properly interpreted, the treaty requires states parties, including the […]
Tillman on Historians and Originalists
Mike Rappaport
Seth Barrett Tillman who teaches in Ireland and has written many pieces on American originalism, writes: I’d like to develop some related points arising from my personal experience. . . . Some historians see lawyers as engaged in a coordinate academic enterprise: a pursuit of some unknown truth or, at least, an effort to get there. […]
A Limited Article V Convention
Mike Rappaport
Readers of this blog may remember that I have argued that the Constitution allows for the states to call for a limited Article V convention and that this convention can even be limited to deciding whether to propose a specific amendment. See also here and here. Under this legal regime, a runaway convention would be unconstitutional. Two interesting posts […]
The Power to Declare War in Syria
Mike Rappaport
I was please to hear that President Obama will be seeking congressional authorization to take action against Syria, even though his announcement is accompanied by the claim that he believes he already has the power to attack Syria. Based on Mike Ramsey’s work in this area, I believe that the Constitution’s assignment to Congress of the […]