Robert G. Natelson: The Founders’ Origination Clause
Michael Ramsey
Robert G. Natelson (The Independence Institute ; Montana Policy Institute) has posted The Founders’ Origination Clause (and Implications for the Affordable Care Act) on SSRN. Here is the abstract: This Article is the first comprehensive examination of the original legal force of the Constitution’s Origination Clause, drawing not merely on the records of the 1787-90 constitutional debates, […]
Kathryn Watts: Rulemaking as Legislating
Michael Ramsey
Kathryn A. Watts (University of Washington – School of Law) has posted Rulemaking as Legislating (Georgetown Law Journal, Forthcoming) on SSRN. Here is the abstract: Federal administrative agencies make far more legally binding policy decisions than Congress. Yet the Supreme Court refuses to embrace the notion that agency rulemaking constitutes an exercise of Article I legislative […]
Gregory Maggs: A Concise Guide to Using Dictionaries from the Founding Era to Determine the Original Meaning of the Constitution
Michael Ramsey
Gregory E. Maggs (George Washington University Law School) has posted A Concise Guide to Using Dictionaries from the Founding Era to Determine the Original Meaning of the Constitution (82 Geo. Wash. L. Rev. 358-93) on SSRN. Here is the abstract: This Article explains how dictionaries published in the Founding Era may provide evidence of the […]
Joseph Fishkin & William Forbath: The Anti-Oligarchy Constitution
Michael Ramsey
Joseph Fishkin (University of Texas School of Law) and William E. Forbath (University of Texas at Austin – School of Law) have posted The Anti-Oligarchy Constitution (Boston University Law Review, Vol. 94, No. 671, 2014) on SSRN. Here is the abstract: America has awakened to the threat of oligarchy. While inequality has been growing for decades, the […]
Fred O. Smith, Jr.: Due Process, Republicanism, and Direct Democracy
Michael Ramsey
In the current issue of the N.Y.U. Law Review, Fred O. Smith, Jr. (University of California, Berkeley School of Law) has the article Due Process, Republicanism, and Direct Democracy (89 N.Y.U. L. Rev. 582). Here is the abstract: Voters in twenty-four states may propose and enact legislation without any involvement from representative branches of government. In recent […]
Julian Davis Mortenson: When May the Executive Break the Law?
Michael Ramsey
Julian Davis Mortenson (University of Michigan Law School) has posted When May the Executive Break the Law? A Theory of Republican Prerogative on SSRN. Here is the abstract: The events of September 11 prompted renewed debate about the three main approaches to emergency power: statutory, constitutional, and extralegal. But the central substantive problem of the extralegal […]
Stephen Gardbaum: Separation of Powers and the Growth of Judicial Review in Established Democracies
Michael Ramsey
Stephen Gardbaum (UCLA School of Law) has posted Separation of Powers and the Growth of Judicial Review in Established Democracies (or Why has the Model of Legislative Supremacy Mostly Been Withdrawn from Sale?) (American Journal of Comparative Law, Vol. 62, No. 3, 2014, Forthcoming) on SSRN. Here is the abstract: Most of the literature explaining the […]
Helen Irving: What Would Clio Say? A Disciplinary View of Originalism
Michael Ramsey
Helen Irving (University of Sydney – Faculty of Law) has posted What Would Clio Say? A Disciplinary View of Originalism on SSRN. Here is the abstract: This (conference) paper challenges the view that new ‘public meaning originalism’ can bring greater certainty to constitutional interpretation than old ‘original intent’ originalism. It explains why history is different from […]
Robert Mensel: Jurisdiction in Nineteenth Century International Law and its Meaning in the Citizenship Clause of the Fourteenth Amendment
Michael Ramsey
Robert E. Mensel (St. Thomas University School of Law) has posted Jurisdiction in Nineteenth Century International Law and its Meaning in the Citizenship Clause of the Fourteenth Amendment (32(2) St. Louis University Public Law Review 329 (2013)) on SSRN. Here is the abstract: This article addresses the meaning of the citizenship clauses of the Civil Rights […]
Richard Bellamy on the Historical Development of Citizenship
Michael Ramsey
Richard Bellamy (University College London – Department of Political Science) has posted Citizenship: Historical Development of ('Citizenship: Historical Development of', in James Wright (ed), International Encyclopaedia of Social and Behavioural Sciences, 2nd ed., Elsevier, 2014 Forthcoming) on SSRN. Here is the abstract: Historically, the distinctive core of citizenship has been the possession of the formal status […]