Cass Sunstein on Justice Thomas on New York Times v. Sullivan
Michael Ramsey
At Bloomberg, Cass Sunstein (Harvard): Clarence Thomas Has a Point About Free-Speech Law –The constitutional foundations of New York Times v. Sullivan are not looking all that firm. From the introduction: With his stunning plea for reconsideration of New York Times v. Sullivan – the landmark free-speech decision insulating the press, and speakers in general, from most […]
Chief Judge Peter Eckerstrom on the Senate’s Duty to Consider Nominees
Michael Ramsey
Recently published, the the University of Pennsylvania Journal of Constitutional Law, Chief Jusge Peter Eckerstrom: Yes, the Senate Elevated Partisan Political Goals Over Constitutional Text When It Refused to Consider President Obama’s Nominee to Replace Justice Scalia, 21(3) U. Pa. J. Const. L. (forthcoming circa Mar. 2019), 21(4) U. Pa. J. Const. L. Online 1 (Feb. 2019). This is a reply […]
USD Originalism Works-in-Progress Conference Today and Tomorrow
Michael Ramsey
The Tenth Annual Hugh and Hazel Darling Foundation Originalism Works-in-Progress Conference at the Center for the Study of Constitutional Originalism, University of San Diego Law School, will take place today and tomorrow. Here is the schedule: Friday, Feb. 22 2:30 – 2:45 Opening Remarks, Mike Rappaport (USD) 2:45 – 4:00 First Paper: Fred Schauer (Virginia): […]
Seth Barrett Tillman: Understanding the Jefferson Diplomatic Gifts
Michael Ramsey
Seth Barrett Tillman (National University of Ireland, Maynooth – Faculty of Law) has posted Part I, Understanding the Jefferson Diplomatic Gifts: A Response to Dr. Andrew Fagal on SSRN. Here is the abstract: This paper is a response to Andrew Fagal, Thomas Jefferson and the Arabian Stallion: A Research Note on the Third President and the […]
Originalism, States and Excessive Fines, Decided
Michael Ramsey
Yesterday the Supreme Court issued its decision in Timbs v. Indiana, the case asking whether the Eighth Amendment's excessive fines clause applies against the states through the Fourteenth Amendment. As widely predicted, the decision was unanimous in the affirmative. Also as predicted (at least on this blog) there was lots of originalism in the opinions. […]
Justice Thomas on New York Times v. Sullivan
Michael Ramsey
Justice Thomas has gotten some attention for his suggestion yesterday (in a concurrence in a denial of certiorari) that the Court should reconsider New York Times v. Sullivan. (The case, McKee v. Cosby, involves one of Bill Cosby's accusers suing Cosby's lawyer for defamation.) His main point: I write to explain why, in an appropriate […]
Curtis Bradley & Neil Siegel: Historical Gloss, Madisonian Liquidation, and the Originalism Debate
Michael Ramsey
Curtis Bradley (Duke University School of Law) and Neil Siegel (Duke University School of Law) have posted Historical Gloss, Madisonian Liquidation, and the Originalism Debate (50 pages) on SSRN. Here is the abstract: The U.S. Constitution is old, relatively brief, and very difficult to amend. In its original form, the Constitution was primarily a framework for a […]
Robert Reinstein: The Implied Powers of the United States
Michael Ramsey
Robert Reinstein (Temple University – James E. Beasley School of Law) has posted The Implied Powers of the United States (67 pages) on SSRN. Here is the abstract: The conventional understanding of McCulloch v. Maryland is that an act of Congress must be within the scope of specified enumerated powers or an appropriate means to carry […]
Julian Davis Mortenson: Article II Vests Executive Power, Not the Royal Prerogative (UPDATED)
Michael Ramsey
Julian Davis Mortenson (University of Michigan Law School) has posted Article II Vests Executive Power, Not the Royal Prerogative (Columbia Law Review, forthcoming) (99 pages) on SSRN. Here is the abstract: Article II of the United States Constitution vests “the executive power” in the President. For more than two hundred years, advocates of presidential power have […]
David Upham on Establishment and Incorporation
Michael Ramsey
At Law & Liberty, David Upham (Univ. of Dallas, Politics): The Court Should Tear Down Everson, Not the Maryland Cross (commenting on the Maryland cross case, Maryland-National Capital Park and Planning Commission v. American Humanist Association). From the introduction: The challenge to the 94-year-old cross (erected in 1925) rests entirely on a 72-year-old precedent, established in Everson […]