Aaron Gordon: Nondelegation
Michael Ramsey
Aaron Gordon (Yale University, Law School, Students) has posted Nondelegation (NYU Journal of Law & Liberty, Vol. 12, No. 3, 2019) (68 pages) on SSRN. Here is the abstract: The U.S. Constitution provides that “All legislative Powers herein granted shall be vested in a Congress of the United States.” Today, however, the foremost source of rules governing […]
New Book: The Conservative Sensibility by George Will
Michael Ramsey
At Law and Liberty: Borne Back to the American Founding: A Conversation with George Will (discussing his new book The Conservative Sensibility (Hachette Books 2019)). Here is the book description from Amazon: From the Pulitzer Prize-winning columnist, an "astonishing" and "enthralling" (Booklist) new examination of how the Founders' belief in natural rights created a great […]
Louis Fisher: Presidential Residual Power in Foreign Affairs
Michael Ramsey
Recently published, in the Capital University Law Review, Louis Fisher (Scholar in Residence at the Constitution Project, formerly Specialist in Constitutional Law at the Law Library of Congress): Presidential Residual Power in Foreign Affairs (47 Cap. U. L. Rev. 491 (2019)). Here is the abstract: At times, Presidents have claimed “inherent” powers, but those assertions […]
William Baude & Stephen Sachs: Originalism and the Law of the Past
Michael Ramsey
William Baude (University of Chicago – Law School) and Stephen E. Sachs (Duke University School of Law) have posted Originalism and the Law of the Past (Law and History Review, Vol. 37, No. 3 (forthcoming 2019)) (12 pages) on SSRN. Here is the abstract: Originalism has long been criticized for its “law office history” and other […]
Northwestern Law Review Symposium “Originalism 3.0”
Michael Ramsey
Recently published: the Northwestern University Law Review's Symposium "Originalism 3.0" (Special Issue 2019, Vol. 113, No. 6). Many of the essays have already been featured on this blog when posted to SSRN, but I think not these two: Steven G. Calabresi, Originalism and James Bradley Thayer, 113 Nw. U. L. Rev. 1419 (2018). This Essay […]
Scholars’ Letter on the Yemen Conflict
Michael Ramsey
In a prior post, I referred to a scholars' letter regarding the conflict in Yemen: Is the Yemen Conflict Unconstitutional? The letter is now publicly available here, via Ilya Somin at Volokh Conspiracy, who has further comments: Legal Scholars' Letter on Initiating a Congressional Lawsuit to End Illegal US Role in the Yemen War. In […]
Responses on Courts and Impeachment
Michael Ramsey
In a prior post I partially seconded Alan Dershowitz's suggestion that the courts might have a role in reviewing impeachments, despite the political question doctrine. David E. Weisberg writes in response: Scholars have argued that the Court has the constitutional power to review articles of impeachment with a view toward answering one narrow question: whether the […]
Ilya Somin on Justice Stevens’ Error in Kelo v. City of New London
Michael Ramsey
At Volokh Conspiracy, Ilya Somin: Justice Stevens Admits Error in the Kelo Case—but also Doubles Down on the Bottom Line. From the introduction: In his recently published memoir, The Making of a Justice: My First Ninety Four Years, retired Supreme Court Justice John Paul Stevens includes an extensive discussion of his majority opinion in Kelo v. City […]
Symposium on “Conservatives and the Constitution” by Ken Kersch
Michael Ramsey
At Balkinization, a symposium on Ken Kersch, Conservatives and the Constitution: Imagining Constitutional Restoration in the Heyday of American Liberalism (Cambridge University Press 2019). Of particular originalist interest: Ann Southworth, The Power of Constitutional Frames Mark Tushnet, Originalism in Political Science and Law Gary Lawson, Right About the Constitution From the latter: … I have spent […]
Bernadette Meyler: Common Law Confrontations
Michael Ramsey
Bernadette Meyler (Stanford Law School) has posted Common Law Confrontations (Law and History Review, forthcoming) (34 pages) on SSRN. Here is the abstract: Through the 2004 case of Crawford v. Washington and subsequent decisions, the U.S. Supreme Court transformed its account of the requirements of the Confrontation Clause of the Sixth Amendment of the Constitution. In […]