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29 Oct 2019, 9:01 pm by Michael C. Dorf
Madison, asserted the Court’s power of judicial review, but the Court declined to order Jefferson or Secretary of State James Madison to deliver Marbury’s commission in part out of fear that Congress would retaliate by impeaching the Federalist Chief Justice, John Marshall. [read post]
20 Oct 2019, 9:01 pm by Marci A. Hamilton
At the same time, the system does require people of good will and capacity to make the system work.The Constitutional System Depends on Elected Representatives Who Put the Nation’s Good Ahead of their Personal AmbitionsOnce the Constitution was drafted, James Madison despaired over whether it could succeed, because there would be too few virtuous men to fill the positions of power. [read post]
26 Sep 2019, 9:01 pm by Marci A. Hamilton
No scholar of constitutional history, Trump has utterly ignored Madison’s wise warning. [read post]
11 Sep 2019, 6:37 am by Amy Starnes
Giovanni Capriglione, are this year’s recipients of the James Madison Award presented by the Freedom of Information Foundation of Texas. [read post]
24 Aug 2019, 6:30 am by Dan Ernst
James Room)Panel 3: The Disciplinary State, 2:00-3:30Chair: Erin Braatz, Suffolk University Law School (ebraatz@suffolk.edu)Commentator: Lauren Benton, Vanderbilt University (lauren.benton@vanderbilt.edu)Stacey Hynd, University of Exeter (s.hynd@exeter.ac.uk) (Re-)Constructing Murder: Capital Punishment and the Criminalization of African Bodies in Colonial Ghana, c. 1890-1957Dior Konate, South Carolina State University (dkonate@scsu.edu) Imprisonment and Citizenship in Senegal,… [read post]
16 Aug 2019, 3:10 pm by Ilya Somin
James Madison and Thomas Jefferson, among many others, objected to the Alien Acts of 1798 in large part because the original meaning of the Constitution did not give Congress any general power to restrict immigration, but rather largely left the issue to the states. [read post]
6 Jul 2019, 1:37 pm by Ilya Somin
The Founders considered it essential to deny the executive the power to control the federal budget, thus preventing any one politician from being able to combine the powers of "the sword" and "the purse," as James Madison put it. [read post]
10 Jun 2019, 4:41 pm by Ilya Somin
 As James Madison put it, "[i]n no part of the constitution is more wisdom to be found, than in the clause which confides the question of war or peace to the legislature, and not to the executive department…. [read post]
9 Jun 2019, 2:24 pm by Sabrina I. Pacifici
These were the 12 essays (out of a total of 85) with authorship claimed by both Alexander Hamilton and James Madison. [read post]
28 May 2019, 9:01 pm by Michael C. Dorf
In Federalist No. 46, James Madison pondered how states might resist what they perceived as oppressive federal measures. [read post]
25 May 2019, 11:21 am by Ilya Somin
But it is not Congress's burden to prohibit the Executive from spending the Nation's funds: it is the Executive's burden to show that its desired use of those funds was "affirmatively approved by Congress… To have this any other way would deprive Congress of its absolute control over the power of the purse, "one of the most important authorities allocated to Congress in the Constitution's 'necessary partition of power among the several… [read post]
16 May 2019, 9:44 pm by Ilya Somin
As James Madison put it, "the trust and the temptation would be too great for any one man. [read post]
13 May 2019, 6:00 am by Guest Blogger
  Nations today generate negative externalities for one another in the form of excess carbon dioxide production, which a global federation might stop.Fourth, I believe a G-15 federal government would be more protective of individual human rights than are the current separate nation states essentially for the reasons James Madison expounds in Federalist 10. [read post]
27 Mar 2019, 1:00 am by Thaddeus Mason Pope, JD, PhD
Drug Policy Nora Demleitner, Washington and Lee University School of Law, Drug Courts: Not a Public Health Solution Katherine Drabiak, University of South Florida College of Public Health, Questioning Medication Assisted Treatment James Hodge, Arizona State University College of Law, Supervised Injection Facilities: Legal and Policy Reforms Daniel Orenstein, University of California San Francisco, Grassroots of Grass: Cannabis Legalization Ballot Initiative Campaign Contributions and… [read post]
18 Mar 2019, 7:56 am by Eugene Volokh
Unanimity was also part of James Madison's understanding of the right to trial by jury. [read post]
14 Mar 2019, 12:11 pm by Mark Astarita
  He earned his bachelor's degree in business administration with high honors from James Madison University, and his law degree with honors from the University of North Carolina School of Law. [read post]