The Origins of the Assembly Clause
Mike Rappaport

Baylen J. Linnekin has posted “Tavern Talk” & the Origins of the Assembly Clause: Tracing the First Amendment’s Assembly Clause Back to its Roots in Colonial Taverns.  Here is the abstract:  The First Amendment to the Constitution is “a cluster of distinct but related rights.” The freedom of assembly protected therein is one right that […]

Recess Appointment
Mike Rappaport

John Elwood, at the Volokh Conspiracy, notes that President Obama made several recess appointments on December 29. Elwood states that these appointments were intersession recess appointments (rather than intrasession appointments).  While these appointments are regarded as constitutional under existing law, I have argued that appointments of this sort violate the original meaning of the Constitution.  […]

History Office Law
Mike Rappaport

Recently, I linked to this op ed by distinguished historian Pauline Meier.  The piece defended Justice Breyer's comments on the Heller case that criticized the Heller majority and argued that the original intent of the Framers did not favor a right to bear arms for self defense.  The piece is a perfect example of why […]

Original Citizenship
Mike Rappaport

Josh Blackman (Penn State Dickinson School of Law) has posted Original Citizenship (University of Pennsylvania Law Review PENNumbra, Vol. 159, p. 95, 2010) on SSRN. Here is the abstract: In his Essay Original Citizenship, Josh Blackman asks what the Constitution means when it refers to “citizen[s] of the United States.” Acknowledging the lack of guidance […]

RSS Feed
Mike Rappaport

Many readers have requested that we set up an RSS feed.  We are working on it and should have one in the near future.