Aaron Tang: Second-Order Constitutional Theory
Michael Ramsey
Aaron Tang (University of California, Davis – School of Law) has posted Second-Order Constitutional Theory (93 U. Chi. L. Rev. __ (forthcoming 2026)) (60 pages) on SSRN. Here is the abstract: A sophisticated legal thinker who wishes to work out a fully developed approach to constitutional adjudication must choose two theories, not one. The first choice […]
Is the Paris Climate Change Agreement Constitutional? (Part 2)
Michael Ramsey
In a previous post, I argued that the Paris Climate Change Agreement is a binding commitment under international law. As a result, under U.S. law, ordinarily it should be approved by 2/3 of the Senate pursuant to Article II, Section 2 (or by a majority of both houses of Congress as a congressional-executive agreement, to […]