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14 Aug 2023, 5:36 am by Guest Author
This paper is much narrower—Sunstein is really unpacking some of the conservative SCOTUS bloc’s internal debates about the MQD in Biden v. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
2 Feb 2023, 6:30 am by John Mikhail
In addition, Wilson was one of the main authors of the 1790 Pennsylvania constitution—another surprisingly neglected fact about him, which bears on Moore v. [read post]
9 Jul 2022, 6:01 am by Benjamin Pollard
Peter Margulies explained the Supreme Court’s decision in Biden v. [read post]
21 Jun 2022, 6:30 am by Guest Blogger
First, Richard Epstein and Randy Barnett contend that Congress can only regulate the sale and transportation of goods across state lines, which furthers their libertarian vision.[19]Concededly, the core meaning of “commerce” has always been trade, but in 1787 its regulation also included market-oriented activities such as manufacturing, banking, and insurance.[20]The Constitution’s ratifiers shared that view, and early ICC legislation (approved by Presidents and the Court)… [read post]
14 Jun 2022, 2:29 pm by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
30 Oct 2021, 9:26 pm by David Kopel
Supreme Court on the Second Amendment to right to bear arms, New York State Rifle & Pistol Association v. [read post]
17 Aug 2020, 8:40 am by Randy E. Barnett
(2015) Michael Paulsen & Luke Paulsen, The Constitution: An Introduction (2015) Thomas Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (2016) Tara Smith, Judicial Review in an Objective Legal System (2015) Ilya Somin, The Grasping Hand: Kelo v. [read post]