Robert Natelson on Latin in Constitutional Interpretation
Michael Ramsey
Recently published, in the Federalist Society Review (vol. 19, 2018), Robert Natelson: Why Constitutional Lawyers Need to Know Latin. From the introduction: The reason the Constitution’s language was so readily understandable to the founding generation but is obscure to the modern American public is that we lack much of the knowledge they possessed. Involved members of […]
Eric Posner Asks: Is Judge Kavanaugh an Originalist?
Michael Ramsey
At his eponymous blog, Eric Posner: Is Brett Kavanaugh an Originalist? From the introduction: If there is one thing that Kavanaugh’s critics and most ardent supports agree on, it is that he is an “originalist,” someone who interprets the Constitution according to the public understanding of it at the time of ratification (and in the case of amendments, adoption). […]
16th Amendment Originalism? (Updated)
Michael Ramsey
At Above the Law, Elie Mystal: States Are Suing For Their SALT Deductions Back Under The 16th Amendment. The Republican tax bill famously capped the deductions for state and local taxes (SALT) at $10,000 for the purposes of federally taxed income. … The blue states are fighting back, such as they can. A lawsuit was filed […]
Mark Kleiman on Originalism and Immigration [Updated]
Michael Ramsey
At Samefacts, Mark Kleiman (NYU Public Policy): Does the Constitution authorize immigration restriction? From the introduction: If, as the originalists keep reminding us, the Constitution gives the federal government only strictly limited, “enumerated” powers, what provision could be interpreted to authorize immigration restrictions, let alone the creation of a massive national police force entitled to stop […]
William Baude: Constitutional Liquidation
Michael Ramsey
William Baude (University of Chicago – Law School) has posted Constitutional Liquidation (71 Stanford Law Review (forthcoming 2019)) on SSRN. Here is the abstract: James Madison wrote that the Constitution’s meaning could be “liquidated” and settled by practice. But the term “liquidation” is not widely known, and its precise meaning is not understood. This paper attempts […]
Christopher Sprigman on Judge Kavanaugh and Originalism
Michael Ramsey
At Just Security, Christopher Sprigman (NYU): What Judge Kavanaugh’s “Originalism” Means for the Country (via How Appealing). Despite the title, it's really two criticisms of originalism and a prescription. From the criticisms: Courts striking down legislation, or thwarting the actions of democratically-elected officials, is something that happens so regularly in America that we take it for granted. But […]
Suzanna Sherry Reviews Lawson & Seidman’s “A Great Power of Attorney”
Michael Ramsey
Suzanna Sherry (Vanderbilt University – Law School) has posted The Imaginary Constitution (Georgetown Journal of Law & Public Policy, Vol. 17, forthcoming) on SSRN. Here is the abstract: How many ways can conservatives spin an originalist tale to support their deregulatory, small-government vision? The answer is apparently infinite. [Ed.: No overstatements in this review!!] In a […]
Michael Dorf on Liberal Originalism
Michael Ramsey
At Dorf on Law, Michael Dorf: Reinvigorating "Defensive Crouch Liberal Constitutionalism" Part 1: Originalism and Searches. Key passage: Defensive crouch liberal constitutionalism is not a trick or a ruse. It is not an effort to fool conservative justices into voting for liberal results that they actually disfavor. The justices and their clerks are much too smart […]
Anthony Gaughan on Judge Kavanaugh and Originalism
Michael Ramsey
At The Faculty Lounge, Anthony Gaughan: A Window into Brett Kavanaugh’s Judicial Philosophy (discussing this roundtable discussion from 2011 published in the George Washington Law Review). From the core of the post: To a striking degree, Judge Kavanaugh’s 2011 remarks suggest that his judicial philosophy most closely resembles that of the late Justice Antonin Scalia, a frequent ally of […]
Judge Kavanaugh
Mike Rappaport
So it was Judge Kavanaugh. I haven’t studied his opinions, but from what I know of him Kavanaugh is very smart and an originalist. As compared to the other potential nominees, Kavanaugh also had the advantage of many years on the bench. You appear to know what you are getting with Brett Kavanaugh. One of […]