Gregory Ablavsky: The Coming of Dual Federalism
Michael Ramsey
Recently published, in the Yale Law Journal: Gregory Ablavsky (Stanford), Empire States: The Coming of Dual Federalism (128 Yale L.J. 1792 (2019)). Here is the abstract: This Article offers an alternate account of federalism’s late eighteenth-century origins. In place of scholarly and doctrinal accounts that portray federalism as a repudiation of models of unitary sovereignty, […]
Originalism and Article III Judicial Power
Mike Rappaport
One of the most difficult challenges for originalism is to determine to what extent the Constitution limits the adjudication of matters by entities other than Article III federal courts. This is an especially timely issue, because there is an important debate about the administrative state, and a significant part of the administrative state involves adjudication […]
Michael Dorf on Corpus Linguistics and Dicta
Michael Ramsey
At Dorf on Law, Michael Dorf: Dicta and the Original Meaning of Article III. From the introduction: A recent order in a pending Sixth Circuit case asks the parties for supplemental briefing on the original meaning of the cases or controversies language in Article III and its relevance to the distinction between holding and dicta. […]
Caroline Mala Corbin: Opportunistic Originalism and the Establishment Clause
Michael Ramsey
Caroline Mala Corbin (University of Miami School of Law) has posted Opportunistic Originalism and the Establishment Clause (Wake Forest Law Review, Vol. 53, 2019) (44 pages) on SSRN. Here is the abstract: This Article argues that the Supreme Court’s use of originalism is opportunistic because sometimes the Court relies on it and sometimes it does not. This inconsistency […]
New Book in Honor of Professor Jeffrey Goldsworthy
Michael Ramsey
Recently published: Law Under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy (Lisa Burton Crawford, Patrick Emerton, & Dale Smith, eds.) (Hart Publishing, 2019). Here is the book description from Amazon: Jeffrey Goldsworthy is a renowned constitutional scholar and legal theorist whose work on the powers of Parliament and the interpretation of constitutional and statute […]
Can the Supreme Court Review Impeachments?
Michael Ramsey
At The Hill, Alan Dershowitz answers yes: Supreme Court could overrule an unconstitutional impeachment. From the beginning: President Trump has said that if the House were to impeach him despite his not having committed “high crimes and misdemeanors,” he might seek review of such an unconstitutional action in the Supreme Court. On April 24, he […]
Elliott Hamilton: Material Support for Terrorism as Seditious Libel?
Michael Ramsey
Elliott R. Hamilton (Independent) has posted Material Support for Terrorism as Seditious Libel? A Review of the Law After Humanitarian Law Project with Attention to Originalist Principles (NYU Journal of Law & Liberty, Vol. 12, No. 2, 2018) (41 pages) on SSRN. Here is the abstract: This Note surveys First Amendment jurisprudence related to 18 […]
John McGinnis on Fault Lines in Originalism
Michael Ramsey
At Law and Liberty, John McGinnis: The Three Fault Lines of Contemporary Originalism. From the introduction: As a jurisprudential theory becomes dominant, it tends to fracture. One reason is that academics are naturally both fractious and enterprising. They gain justified renown by recognizing subtle frailties as well as important difficulties in a major theory and […]
More from Seth Barrett Tillman on George Washington and Emoluments
Michael Ramsey
At the New Reform Club, Seth Barrett Tillman has further evidence on George Washington's view of emoluments: DOJ Response to Office of Inspector General Report (and, by implication, to Jonathan Hennessey). From the conclusion: That is, the land sold by the D.C. Commissioners was land donated to the United States and was public property when […]
Is the Yemen Conflict Unconstitutional?
Michael Ramsey
At Vox, Tara Golshan: Trump ignored Congress on war powers. Constitutional scholars want Democrats to take him to court. From the introduction: A group of constitutional scholars and lawmakers want House Speaker Nancy Pelosi to take President Donald to the Supreme Court over the war in Yemen. Their case is straightforward: Trump is unilaterally involving […]