Originalism, Nonoriginalism and Venezuela
Michael Ramsey
From an originalist perspective, I think it’s clear that President Trump did not have the constitutional power to take the actions he took against the Maduro government in Venezuela. As argued at length here, the Constitution allocates to Congress — and by implication denies to the President — the power to initiate military action against […]
Originalism and Judicial Selection in Florida
Michael Ramsey
At Bloomberg Law, Florida Justice Hunt Weighs ‘Bloodthirsty’ Originalist Options. From the introduction: In Florida there’s a split between candidates for the state high court over just how “bloodthirsty” they would be as originalist jurists. In interviews Monday, 10 conservative male applicants answered a panel’s questions in hopes their name would be passed on as a potential […]
Ronald Den Otter: A Conservative Case Against Originalism
Michael Ramsey
Recently published, Ronald C. Den Otter (Cal Poly San Luis Obispo – Political Science), A Conservative Case Against Originalism: The Problem of the Construction Zone and Its Implications (1 Indep. L.J. 83 (2025)) (42 pages). Here is the abstract: The issue with originalism that has generated by far the most scholarly interest and controversy over […]
Kurt Lash: Lyman Trumbull’s Letter to Andrew Johnson
Michael Ramsey
Kurt Lash (University of Richmond School of Law) has posted “Lyman Trumbull’s Letter to Andrew Johnson”: Authorship, Transcript and Artificial Intelligence (26 pages) on SSRN. Here is the abstract: Somewhere in the Library of Congress, in a box of papers donated by the estate of President Andrew Johnson, is an unsigned and undated document titled […]
Jack Goldsmith on the National Guard Ruling
Michael Ramsey
At his substack Executive Functions, Jack Goldsmith: Thoughts on the Interim Order in Trump v. Illinois – The administration loses but still has options for domestic military deployment. From the introduction: President Trump federalized the Illinois and Texas National Guard to protect federal personnel and property in and around Chicago. He relied on 10 U.S.C. § […]
Zack Steigerwald Schnall: The Compatibility of Substantive Canons and Originalism
Michael Ramsey
Zack Steigerwald Schnall (Harvard Law School) has posted The Compatibility of Substantive Canons and Originalism (139 Harvard Law Review 625 (2025)) (21 pages) on SSRN. Here is the abstract: Judges and justices who describe themselves as originalists should neither develop nor apply certain substantive canons, including the major questions doctrine. Professor Michael Ramsey argues in […]
Charles Capps: What Interpretation Just Is and Why It Matters
Michael Ramsey
Charles F. Capps (Arizona State University – Sandra Day O’Connor College of Law) has posted What Interpretation Just Is and Why It Matters (64 pages) on SSRN. Here is the abstract: Scholars often claim that judges must defend their interpretive method based on its consequences. But an analysis of interpretation reveals that to interpret something is […]
Ryan Snyder: Historical Practice at the Founding
Michael Ramsey
Ryan Snyder (University of Missouri School of Law) has posted Historical Practice at the Founding (64 pages) on SSRN. Here is the abstract: In recent years, the Supreme Court has increasingly relied on historical practice—actions other than judicial decisions that implement the law after its adoption. That creates tension with the Court’s professed adherence to originalism—the […]
Why the Phrase “Subject to the Jurisdiction Thereof” Has the Same Meaning in the U.S. Code as in the Constitution (Plus Mea Culpa)
Andrew Hyman
In a recent post here on this blog, I quoted the Immigration and Nationality Act (INA) including the word “naturalized.” Subsequently, John Vlahoplus responded here at this blog, saying that that word (“naturalized”) was intended in the INA to include only naturalization after birth, instead of immediately at birth. Here is a link to the full […]
John Bougiamas: Reclaiming the Original Meaning of Birthright Citizenship
Michael Ramsey
John Bougiamas (Independent) has posted Subject to the Jurisdiction Thereof: Reclaiming the Original Meaning of Birthright Citizenship (41 pages) on SSRN. Here is the abstract: This paper examines the constitutional basis and original meaning of the Fourteenth Amendment’s Citizenship Clause, arguing that the framers intended a more limited application of birthright citizenship tied to full […]