Meese Prize for Excellence in Originalist Scholarship
Michael Ramsey
An announcement from the Federalist Society: Introducing the Meese Prize for Excellence in Originalist Scholarship In 1985, then-Attorney General Edwin Meese III said in a speech to the ABA: the Framers “chose their words carefully. . . . The language they chose meant something. It is incumbent on the Court to determine what that meaning […]
2026 Originalism Summer Seminar at the Georgetown Center for the Constitution
Michael Ramsey
An announcement from the Georgetown Center for the Constitution: Apply to the 2026 Originalism Summer Seminar Dates: May 17-22, 2026 Location: Georgetown Law, Washington D.C. Applications close on Friday, March 13, 2026, at 11:59 p.m. EST Program Highlights: Join an elite cohort for an immersion into the heart of Originalist theory & law. Engage with the […]
Ilya Somin on Maureen Brady on Takings and Public Use
Michael Ramsey
At Volokh Conspiracy, Ilya Somin: More Historical Evidence Showing that the Public Use Clause of the Fifth Amendment Does Not Allow Takings that Transfer Property to Private Parties. From the introduction: The Supreme Court’s controversial 5-4 ruling in Kelo v. City of New London (2005), held that private “economic development” is enough to satisfy the Fifth Amendment […]
More on Originalist and Non-Originalist War Powers
Michael Ramsey
I have this post at Law & Liberty: The Constitution’s Check on Warmaking – Critics of Nicolás Maduro’s capture would be on much stronger footing if they were originalists. (This is an expanded version of this earlier post here, and — as to the history — a short version of Textualism and War Powers). Here […]
Michael Showalter: AI Adjudication and the Judicial Virtues
Michael Ramsey
Michael Showalter (Independent) has posted The Honorable Robot: AI Adjudication and the Judicial Virtues (86 Ohio State Law Journal Online 1 (2025)) (17 pages) on SSRN. Here is the abstract: In a 2003 article titled Virtue Jurisprudence, Professor Lawrence Solum develops a “virtue-centered theory of judging.” In this article I examine the judicial virtues and vices Solum […]
John Harrison: Rules of Decision, Judicial Power, and the Valid Rule Requirement
Michael Ramsey
John C. Harrison (University of Virginia School of Law) has posted Rules of Decision, Judicial Power, and the Valid Rule Requirement (75 Cath. L. Rev. 1 (2025)) (32 pages) on SSRN. Here is the abstract: Some current Supreme Court debates that concern seemingly specialized issues raise fundamental questions about the role of the Constitution in the […]
Michael Paulsen: The Power to Declare Peace
Michael Ramsey
Michael Stokes Paulsen (University of St. Thomas School of Law (Minnesota)) has posted The Power to Declare Peace (53 Pepperdine L. Rev. (forthcoming 2026)) (139 pages) on SSRN. Here is the abstract: The Constitution gives Congress the power “to declare War.” The meaning of that grant of power is much debated, but its converse is […]
John McGinnis on the Take Care Clause
Michael Ramsey
At Law & Liberty, John McGinnis: The Duty to Enforce the Law. From the introduction: Stuck in traffic last fall as a “No Kings” rally in Chicago brought our car to a standstill, I listened to a familiar charge: President Donald Trump was acting like an unrestrained monarch. Many signs and chants particularly complained about […]
Jed Shugerman: The Unitary Theorists’ Appointments Clause Problems
Michael Ramsey
Jed H. Shugerman (Boston University School of Law) has posted The Unitary Theorists’ Appointments Clause Problems (16 pages) on SSRN. Here is the abstract: The unitary executive theorists’ recent retreat to the Appointments Clause as a basis for unconditional presidential removal power is contradicted by the text and by overwhelming originalist evidence. It is a […]
John Mikhail: Birthright Citizenship, Unwritten Constitutionalism, and the Nature of the Union
Michael Ramsey
John Mikhail (Georgetown University Law Center) has posted Birthright Citizenship, Unwritten Constitutionalism, and the Nature of the Union (Yale Journal of Law & the Humanities, Vol. 36:3, 2025) (17 pages) on SSRN. Here is the abstract: Many of Jonathan Gienapp’s core arguments in his outstanding new book, Against Constitutional Originalism, are well-taken, and they represent important challenges to […]