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14 Jan 2011, 2:51 am
So Scalia's arguments about what modern majorities can do today rest on his view that a very significant proportion of constitutional understandings of the framers can simply be jettisoned because they make little sense in today's world (emphasis added by Mike Rappaport). [read post]
7 Jun 2009, 5:11 am
Newt Gingrich and Mike Huckabee have been busy lately. [read post]
15 Mar 2011, 6:35 am
By Mike Dorf Any number of left-leaning commentators have opined that Wisconsin Governor Scott Walker's real aim in attempting to curtail the collective bargaining rights of public employee unions is to break the political power of the unions. [read post]
31 Oct 2011, 9:30 pm
Surely that was not the expectation of the framers: The Reconstruction Congress that framed the Thirteenth Amendment enslaved horses and other animals, after all. [read post]
28 Jun 2010, 10:51 am
By Mike Dorf Last year, in Ricci v. [read post]
10 Apr 2008, 9:53 am
The anthology features our essayists' response to this challenge: When the Framers met in Philadelphia in 1787, they bravely conjured a new form of self-government. [read post]
11 Feb 2007, 4:03 am
As a follow-up to Mike's post below, I agree that Giuliani's explanation of why he likes strict constructionists makes little sense. [read post]
23 Aug 2012, 5:11 am
Note from Mike Dorf: In response to the doubts I raised about his argument concerning the constitutionality of Rep. [read post]
2 Oct 2020, 9:11 pm
" The Amars did entertain the possibility that the Framers drew a "civil/military distinction" among different types of officers. [read post]
17 Oct 2010, 12:55 am
There's a lawyer I know, a public defender, let's call him Mike. [read post]
26 Sep 2019, 9:01 pm
That is not the religious liberty of the constitutional framers. [read post]
14 Jul 2008, 9:21 pm
The framers are worthy models in many senses. [read post]
28 Nov 2013, 11:43 am
You will note that Mike published his originalist critique of current practice during the mid-point of the Bush administration. [read post]
5 Oct 2019, 7:26 am
And Robert Chesney posted a request for nominations for the 2019 Mike Lewis Prize for National Security Law Scholarship. [read post]
2 Dec 2022, 10:32 am
Mike wrote a thoughtful piece about the case yesterday. [read post]
8 Apr 2012, 10:18 am
The Framers of our Constitution clearly understood that an independent judiciary is critical to the maintenance of our democracy and freedom. [read post]
24 Jul 2012, 8:14 am
By Mike Dorf Predictably, both those who favor and those who oppose stronger gun control laws have pointed to the Aurora massacre as evidence for their position. [read post]
10 Jan 2010, 7:11 am
The framers of our Constitution understood the unique and indispensable role of pardon when they entrusted the president with an unreviewable power to override the law. [read post]
3 Jan 2012, 2:19 pm
The Framers understood that. [read post]
11 Aug 2010, 9:20 am
By Mike Dorf (Updated/Corrected Post, as Explained Below) A couple of weeks ago, I posted here and here about constitutional polymorphism--the notion that a single word or phrase in the Constitution could mean one thing in one context and something else in another context. [read post]
