Originalism in the Blogs
Michael Ramsey
David Post: Sex, Lies and Videogames. Post criticizes Justice Thomas' dissent in the violent videogames case on originalist grounds with which I entirely agree (see here). But he then turns that criticism into a broader indictment of originalism that seems unjustified: [Justice Thomas] relies, inter alia, on Wadsworth’s “The Well-Ordered Family” of 1712, Cotton Mather’s […]
Comment: The Constitution after 9/11
Michael Ramsey
Ten years after the terrorist attacks of September 11, 2001, we have much to honor and celebrate: the heroism of the people in harm’s way that day and of those who came into harm’s way afterward so that 9/11’s tragedy was not repeated; and the leadership of those who brought us through, at least this far, […]
Originalism in the Blogs: Constitutional Duties to Obey International Law
Michael Ramsey
At Opinio Juris, a long and sophisticated post by John Dehn on the early understanding of the power of Congress and the President to violate international law. From an originalist/textualist perspective, I think he’s right about almost everything, including his big-picture conclusions that as a constitutional matter (a) Congress can violate international but (b) the […]
Originalism in the Blogs: More on Bachmann and the Constitutionality of State Mandates
Michael Ramsey
At the Weekly Standard Blog, Adam White has some insightful reactions to Michele Bachmann's claim that state health care mandates violate the Constitution.
Originalism on the Web: Are State Health Care Mandates Unconstitutional?
Michael Ramsey
At Volokh Conspiracy, David Kopel comments on some of the constitutional difficulties Republican presidential contenders encountered in today's Q&A event in South Carolina. The one that struck me, though, was one he didn’t mention: Michele Bachmann’s claim that state (as opposed to national) health care mandates are unconstitutional. She makes this claim quite clearly, and […]
Originalism in the Blogs
Michael Ramsey
Tom Bell: What Is Originalism Good For?
Originalism in the Blogs: More on “Overselling” the Tenth Amendment
Michael Ramsey
Doug Kendall, at Huffington Post: Taking the Tenth Amendment Seriously. David Bernstein responds at Volokh Conspiracy: The Tenth Amendment and Sovereignty. Consistent with my observations about “overselling” the Tenth Amendment, I think Kendall is generally on the right track here. As he says, the Tenth Amendment doesn’t create (or preserve) some sort of abstract “state […]
Originalism in the Blogs
Michael Ramsey
John Mikhail: The Necessary and Proper Clauses, Part 3: James Wilson's Contribution to the Virginia Plan. (This is the third in a series of posts noted earlier; prior posts are here and here).
Originalism on the Web
Michael Ramsey
Walter Russell Mead: New Blue Nightmare: Clarence Thomas and the Amendment of Doom (commenting extensively on Jeffrey Toobin’s New Yorker article noted here). Via Instapundit, highlighting this passage from Mead: “[Toobin's article] is one of the most startling reappraisals to appear in The New Yorker for many years. It is hard to think of other […]
Originalism in the Blogs: An Exchange on War Power
Michael Ramsey
At NRO, an exchange between Andy McCarthy and John Yoo on constitutional war powers and the Libya intervention. It’s well argued on both sides, but I think they’re both wrong. Professor Yoo repeats his longstanding argument that the President has broad independent constitutional power to initiate war despite Congress’ power “to declare War,” adding this observation: […]