Originalist Scholars Brief in Seila Law LLC v. CFPB
Michael Ramsey
Ilan Wurman (Arizona State) has filed this amicus brief on behalf of Separation of Powers scholars in support of the petitioner in Seila Law LLC v. Consumer Financial Protection Bureau, challenging the single director/for cause removal structure of the CFPB. I'm honored to join the brief along with Steven Calabresi, Michael McConnell, Saikrishna Prakash, Jeremy […]
Angus McClellan: Early Women’s Rights Activists and the Meaning of the 14th Amendment
Michael Ramsey
Angus McClellan (Claremont Graduate University) has posted Early Women's Rights Activists and the Meaning of the 14th Amendment (19 pages) on SSRN. Here is the abstract: The purpose of this paper is to consider the meaning of the 14th Amendment as it applies to women in the United States through the perspective of the women’s rights […]
Andrew Ferguson on the Historians’ Statement on Impeachment
Michael Ramsey
In The Atlantic, Andrew Ferguson: Historians Should Stay Out of Politics (commenting on the Historians' Statement on the Impeachment of President Trump). A key excerpt: The thesis of the petition goes like this: “President Trump’s numerous and flagrant abuses of power are precisely what the Framers had in mind as grounds for impeaching and removing […]
Nathan Chapman: New Light on the Establishment Clause
Michael Ramsey
Nathan S. Chapman (University of Georgia School of Law) has posted Forgotten Federal-Missionary Partnerships: New Light on the Establishment Clause (88 pages) on SSRN. Here is the abstract: Americans have long disputed whether the government may support religious instruction as part of an elementary education. Since Everson v. Board of Education (1947), the Supreme Court has […]
Jeffrey Toobin’s Abortion Prediction
Andrew Hyman
CNN’s legal analyst, Jeffrey Toobin, said this 18 months ago: “Anthony Kennedy is retiring. Abortion will be illegal in twenty states in 18 months.” This prediction 18 months ago by Toobin has not (yet) come true. But, from an originalist point of view, it would be great if Toobin’s forecast could ultimately come true. I […]
Seth Barrett Tillman on Robert Goodloe Harper on Impeachment
Michael Ramsey
At The New Reform Club, Seth Barrett Tillman: Representative Robert Goodloe Harper: A House Manager at the Blount Impeachment. Although a short post, it's hard to summarize. The issue at the Blount impeachment trial was whether Blount, a Senator, could be impeached (which turned on whether a Senator is a "civil Officer[ ] of the […]
The Wall Street Journal Celebrates Originalist Judges
Michael Ramsey
From the Wall Street Journal editorial board: Revitalizing the Federal Courts. Here is the introduction: President Trump is far from a shoo-in for re-election, but win or lose in 2020 his legacy already includes advancing a new generation of highly professional, constitutional federal judges. Working with the Federalist Society on selecting nominees, and with Mitch […]
Aaron Houck & Claire Teague: Pluralistic Originalism
Michael Ramsey
Aaron Houck (Queens University of Charlotte, Political Science) and Claire Teague (independent) have posted Pluralistic Originalism (34 pages) on SSRN. Here is the abstract: Originalism is a method of constitutional interpretation judges use to resolve textual indeterminacy. The dominant strain of originalism argues that proper constitutional meaning comprises the original public meaning of constitutional provisions at […]
Applying the Fourth Amendment’s Original Meaning to Cell Phones and Heat Sensors
Mike Rappaport
How should the Fourth Amendment’s original meaning be applied to modern technology that was not in existence at the time of the Amendment’s enactment? Many commentators believe this type of question problematic to answer. As Justice Alito quipped some years ago at oral argument, “I think what Justice Scalia wants to know is what James […]
John McGinnis on Matthew Franck on Thayer and Originalism
Michael Ramsey
At Law and Liberty, John O. McGnnis: James Bradley Thayer and Judicial Restraint. From the introduction: One of the most important ongoing debates in constitutional law is the degree of deference that judges should accord legislation in assessing its constitutionality. And the most famous article arguing for deference remains “The Origin and Scope of American Constitutional […]