Rick Hills on William Baude on Liquidation
Michael Ramsey
At Prawsblawg, Rick Hills (NYU): Will Baude on Madison's Constitutional Liquidation: A Triumph for Baude, A Failure for Madison? (commenting on this paper by Professor Baude). Here is the introduction: Will Baude has produced an erudite and thought-provoking piece on “constitutional liquidation” written with his trademark clarity and grace: It is a pleasure to read and a cinch to […]
More from Michael Stokes Paulsen on High Crimes and Misdemeanors
Michael Ramsey
At Liberty Law Blog, Michael Stokes Paulsen has two posts on the original meaning of the impeachment clause: The Original Meaning of “High Crimes and Misdemeanors,” Part I (addressing the English law background) The Original Meaning of “High Crimes and Misdemeanors,” Part II (addressing the founding era). From the introduction: Here’s the key point in summary: the […]
Aziz Huq on Originalism and the Kavanaugh Nomination
Michael Ramsey
At Politico, Aziz Huq (Chicago): Why You Shouldn’t Care Whether Kavanaugh Is an ‘Originalist’. An excerpt: The test of a judge’s mettle is not whether they are an “originalist.” That term just isn’t as illuminating as many think. All judges, whether liberal or conservative, account for the Constitution’s original understanding at times. All also rely on […]
Ann Woolhandler & Michael Collins: Federal Supremacy and State Jurisdictional Duties
Michael Ramsey
Ann Woolhandler (University of Virginia School of Law) & Michael G. Collins (University of Virginia School of Law) have posted Federal Supremacy and State Jurisdictional Duties on SSRN. Here is the abstract: Federal Courts scholarship often focuses on access to federal courts for the decision of federal claims. At the same time, many Federal Courts scholars insist […]
William Foster: Why Janus Is Indefensible on Neutral Principles
Michael Ramsey
William Foster (Student – Walter Payton College Preparatory High School) has posted Why Janus Is Indefensible on Neutral Principles on SSRN. Here is the abstract: In Janus v. AFSCME, the Supreme Court ruled that government employees may not be forced to pay anything to a union against their will. Such compulsion, the Court said, violates […]
Josh Blackman & James Phillips: Corpus Linguistics and the Second Amendment
Michael Ramsey
At the Harvard Law Review Blog, Josh Blackman and James C. Phillips: Corpus Linguistics and the Second Amendment. Here is the introduction: The Second Amendment provides: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” In District of Columbia […]
Alison LaCroix on Historical Semantics and the Meaning of the Second Amendment
Michael Ramsey
At The Panorama, Alison L. LaCroix (Chicago, History): Historical Semantics and the Meaning of the Second Amendment. From the introduction: The task of understanding the meaning of the words and phrases that constitute legal texts has always been an important one, but the urgency is even greater today. The Constitution includes the following phrases, […]
The Only Way that a U.S. Attorney General May Self-Recuse
Andrew Hyman
Often at the Originalism Blog we dwell upon the original meaning of constitutional provisions drafted centuries ago, but of course originalism applies just as much to modern statutes and regulations. So, I would like to discuss how an originalist and textualist might approach the statutory and regulatory authority of a U.S. attorney general to recuse […]
Cass Sunstein: Chevron As Law
Michael Ramsey
Cass R. Sunstein (Harvard Law School) has posted Chevron As Law on SSRN. Here is the abstract: Chevron v. NRDC, the foundation for much of contemporary administrative law, is now under siege. The central objection, connected with longstanding challenges to the legitimacy of the modern regulatory state, is that the decision amounts to an unwarranted transfer […]
Josh Blackman & Seth Barrett Tillman on the Maryland Emoluments Decision
Michael Ramsey
At Volokh Conspiracy, Josh Blackman & Seth Barrett Tillman (guest blogging): Who Was Right About the Emoluments Clauses? Judge Messitte or President Washington? From the introduction: Until recently, no court had opined on the validity of Washington's practices with respect to the Emoluments Clauses. The Honorable George B. Daniels of the U.S. District Court for the […]