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3 Jun 2024, 7:30 am by Neil Siegel
They mostly acted individually when then needed to act collectively, and the most influential and insightful of the Constitution's Framers—including James Madison, Alexander Hamilton, James Wilson, and George Washington—concluded from experience that the states could not reliably achieve an end when doing so required two or more of them to cooperate or coordinate. [read post]
28 May 2024, 8:50 am by Stephen E. Sachs
The essay is an extended meditation on George Washington's 1790 letter to the Hebrew Congregation in Newport, R.I. [read post]
27 May 2024, 5:15 pm by Steve Gottlieb
There’s a lot to praise and to criticize about George Mason, but as Madison recorded his comments, it’s important to hear and understand what Mason told the Constitutional Convention: We ought to attend to the rights of every class of the people. [read post]
21 Apr 2024, 10:01 pm by rhapsodyinbooks
President George Washington wanted the U.S. to remain neutral in the war between France and Britain, much to Secretary of State Thomas Jefferson’s chagrin. [read post]
18 Apr 2024, 6:31 am by Amy Howe
Trump cites a law review article by then-Judge Brett Kavanaugh, who before becoming a judge worked in the George W. [read post]
15 Apr 2024, 4:00 am by jonathanturley
Shapiro Professor of Public Interest Law at the George Washington University Law School. [read post]
27 Mar 2024, 12:42 pm by Ilya Somin
For those keeping score, Chief Judge Richman is a conservative George W. [read post]
26 Mar 2024, 12:05 am by Josh Richman
And I saw this, I actually went to a Rangers game with a banned lawyer and it's, you know, thousands of people streaming into Madison Square Garden. [read post]
14 Mar 2024, 5:50 am by Harold Hongju Koh
That war pits the idea of Kantian global governance – that the law of nations, as Immanuel Kant said, shall be founded on a federation of free States sharing democratic values – against George Orwell’s dystopian vision of global spheres of influence in 1984. [read post]
6 Mar 2024, 12:25 pm by Lawrence Solum
In addition to this account’s textual and structural virtues, it appears to have been the understanding of presidential power shared by George Washington, Thomas Jefferson, James Madison, William Wirt, Daniel Webster, William Howard Taft, and the First Congress. [read post]
5 Mar 2024, 6:30 am by ernst
In addition to this account’s textual and structural virtues, it appears to have been the understanding of presidential power shared by George Washington, Thomas Jefferson, James Madison, William Wirt, Daniel Webster, William Howard Taft, and the First Congress.This understanding of executive power may seem overly formalistic, but it allows for the existence of agencies whose heads are removable but nevertheless bound by law to exercise independently the discretion Congress… [read post]
3 Mar 2024, 12:24 pm by Josh Blackman
[Professor Shugerman's argument that the 1793 Hamilton Document, that is, a list of "every person holding any civil office or employment under the United States, (except the judges)," was intended to ensure compliance with the Constitution's Sinecure Clause lacks support.] [read post]
19 Feb 2024, 8:57 am by John Mikhail
 That is the central reason why James Madison, seconded by James Wilson, first moved on June 1 that the Executive be vested with the power “to appoint to offices in cases not otherwise provided for. [read post]
8 Feb 2024, 3:45 pm by Steven Calabresi
President George Washington signed the 1792 Presidential Succession Act into law disregarding a complaint by Rep. [read post]
7 Feb 2024, 11:00 pm by Steven Calabresi
 The Founding Fathers discussed and debated this very question, and James Madison lost while making the exact same argument that the Amar brothers make as to Section 3 of the Fourteenth Amendment that the Presidency is an Office under the United States. [read post]