Ilya Somin (and Philip Hamburger) on Overruling Gonzales v. Raich
Michael Ramsey
At Volokh Conspiracy, Ilya Somin: The Supreme Court Should Hear Case Seeking to Overturn Gonzales v. Raich. From the introduction: A recent petition for certiorari in the case of Canna Provisions, Inc. v. Bondi, asks the Supreme Court to overrule its terrible decision in Gonzales v. Raich (2005), which held that Congress’ power to “regulate commerce… among the several […]
The Cert Grant in the Birthright Citizenship Case
Michael Ramsey
Yesterday the Supreme Court took up a case with potentially enormous originalist implications — Trump v. Barbara, the birthright citizenship case. The Trump administration’s petition, which relies heavily on originalist sources relating to the Fourteenth Amendment, frames the question presented as: Whether Executive Order No. 14,160 complies on its face with the citizenship clause of the 14th […]
Philip Hamburger (and Christine Kexel Chabot) on Executive Removal Power
Michael Ramsey
At the Yale Journal on Regulation’s Notice & Comment Blog, Philip Hamburger: Removal: A Response to Professor Nelson. From the introduction: In an essay published earlier this fall, Professor Caleb Nelson argues that, as a matter of originalism, the President does not have a constitutional power to remove executive officers. Professor Nelson is a renowned scholar, whose […]
New Essay at the Democracy Project
Michael Ramsey
I have a newly published essay in the NYU Law Democracy Project’s “100 Ideas” series: Preserve Democracy by Lowering the Stakes. Here is the introduction: Democracy depends on the losers. When Thomas Jefferson lost the close race for President to John Adams in 1796, Jefferson accepted the largely ceremonial role of Vice-President and (relatively) quietly […]
Michael Rappaport on The Convention Method for Proposing Amendments: Essential, Misunderstood, and Broken
Mike Rappaport
Over at the National Constitution Center website, I have an essay on the Convention Method for amending the Constitution. The essay – The Convention Method for Proposing Amendments: Essential, Misunderstood, and Broken – is part of a symposium hosted by the Center with Sandy Levinson, Gerard Magliocca, and Steve Sachs on the constitutional amendment process. […]
James Pfander & Samy Abdelsalam: A Reappraisal of Ex parte Young
Michael Ramsey
James E. Pfander (Northwestern University Pritzker School of Law) & Samy Abdelsalam (J.D. ’25, Northwestern University Pritzker School of Law) have posted Pulp Fiction? A Reappraisal of Ex parte Young (65 pages) on SSRN. Here is the abstract: For well over one hundred years, the Ex parte Young decision has served as a controversial landmark […]
Caitlin Tully on the Unitary Executive and the Federal Reserve
Michael Ramsey
At The Atlantic, Caitlin B. Tully (Ph.D. candidate (Princeton (history)): The Court Has an Easy Answer on the Fed – The Federal Reserve is best understood not as an administrative agency but as a federal corporation—and thus outside of Trump’s control over the executive branch. From the introduction: Can the Supreme Court impede President Donald Trump from […]
Conor Clarke & Ari Glogower: Tariffs and the Taxing Power
Michael Ramsey
Conor Clarke (Washington University in St. Louis School of Law) & Ari Glogower (Northwestern Pritzker School of Law) have posted Tariffs and the Taxing Power: Historical Lessons for Major Questions and Nondelegation (Washington University Law Review, Vol. 103 (forthcoming 2026)) (33 pages) on SSRN. Here is the abstract: The Supreme Court is now poised to answer […]
Chad Squitieri on Nondelegation Doctrines
Michael Ramsey
At Law & Liberty, Chad Squitieri (responding to John McGinnis): Nondelegation Doctrines. From the introduction: What comes next for the nondelegation doctrine? In “Nondelegation Without Chaos,” Professor John O. McGinnis offers some characteristically insightful thoughts. In particular, he outlines obstacles standing in the way of a reinvigorated nondelegation doctrine, and offers a proposed means of […]
John McGinnis & Michael Rappaport: Originalism Can Revive Article V
Mike Rappaport
At Law and Liberty, John McGinnis and I have an essay responding to Jill Lepore’s broadside in The Atlantic, “How Originalism Has Killed the Constitution.” We think that Lepore’s does a poor job: It is safe to say that, unlike the more rigorous work of her colleagues, her jeremiad fails to meet standards of scholarship, as […]