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13 Jan 2023, 6:30 am by Guest Blogger
 (See, for example, Mike Klarman’s 2020 Foreword to the Harvard Law Review). [read post]
9 Oct 2022, 9:04 pm by Eric W. Orts
Since then, long-standing questions have persisted about whose lives matter and who counts as citizens. [read post]
4 Feb 2022, 12:42 pm by Lincoln Caplan
But language, history, and tradition — words and how they are structured; what the words meant when they became law; and how the law has applied the words — also matter to Breyer. [read post]
3 Jun 2021, 12:22 pm by Patrick Parsons
Klarman …should be on every American’s bookshelf. [read post]
20 Sep 2020, 9:01 pm by Joseph Margulies
We put our faith in Oracles who stand atop politics because we are sickened by the emergence of a world in which facts no longer matter, science is ridiculed, and jack-booted racism is on the march. [read post]
17 Dec 2019, 12:15 pm by Ronald Collins
It became the norm for a variety of reasons having nothing to do with the history or, for that matter, the text. [read post]
15 Nov 2019, 6:30 am by Sandy Levinson
  No one cares about the actual legal issue raised in Marbury—whether Congress can add to the original jurisdiction of the Supreme Court; it is not relevant to any contemporary litigation, nor, as a matter of fact, does Marbury truly feature as the centerpiece of contemporary articles on constitutional theory, including, for that matter, the propriety of judicial review. [read post]
28 Oct 2019, 3:54 am by Mark Graber
  Michael Klarman details how the death of segregation was hastened considerably by the backlash to Brown v. [read post]
6 May 2019, 7:30 am by margaret
This suggestion has been advanced by Professor Michael Klarman of Harvard Law School, among others. [read post]
18 Dec 2018, 1:15 pm by Amanda Frost
And, like most legal scholars, they believe term limits would require an amendment to the Constitution, and so would be nearly impossible to achieve as a practical matter. [read post]
20 Apr 2018, 5:01 am by James Edward Maule
One of those conditions is to make it even easier for the wealthy to restore the oligarchy of feudalism, which is their paradise.Does it matter that Klarman is trying to undo the tax cuts? [read post]
4 May 2017, 5:45 pm by Sandy Levinson
  So the question is whether we should take the same view of congressional legislation (or decisionmaking by the executive or, for that matter, the judiciary). [read post]
21 Apr 2017, 6:00 am by Guest Blogger
Michael KlarmanFor the Symposium on Michael Klarman, The Framers' Coup: The Making of the United States Constitution. [read post]
18 Apr 2017, 6:00 am by Mark Graber
 The framers, for example, eased the ratification of the Constitution of the United States by ensuring that the vote that mattered would be the Constitution with lots of powers against the Constitution of hardly any powers. [read post]
15 Apr 2017, 8:00 am by Guest Blogger
Maybe it doesn’t really matter what the framers were like, any more than it matters what the legislators sitting in Congress in 1953 were like. [read post]
14 Apr 2017, 6:00 am by Sandy Levinson
”  Would the colonies continue to be part of the British Empire and, therefore, ultimately ruled by the King in Parliament, subject to whatever degree of autonomy they chose, as a matter of grace (that could always be withdrawn) to offer the colonies? [read post]
12 Apr 2017, 6:00 am by Guest Blogger
”[26]  Ratificationists did not necessarily act “solely out of self-interest,”[27] for creditors and government bondholders reasonably believed “government must pay their debts—both as a matter of justice and as a means of maintaining a strong credit rating. [read post]