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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]
29 Feb 2024, 7:15 pm by Barbara Moreno
Samantha Barbas, Actual Malice:  Civil Rights and Freedom of the Press in New York Times v. [read post]
28 Feb 2024, 4:05 pm by Lawrence Solum
Part C will examine the existing legal scholarship on how constitutional law intersects with the rights of transgender people. [read post]
27 Feb 2024, 6:05 am by Katherine Yon Ebright
Former President Donald Trump has promised voters that, if re-elected, he would “immediately” invoke the Alien Enemies Act to effect mass deportations of non-citizens from Mexico. [read post]
26 Feb 2024, 6:30 am by Guest Blogger
That is the way it would remain until the NAACP flexed its political muscle to defeat Hoover’s nomination of John J. [read post]
24 Feb 2024, 6:30 am by Guest Blogger
  Then the solidly and increasingly conservative George Sutherland replaced the progressive John Clark, an event that proved to be “a significant turning point” (39) and “steered the Court sharply to the right” (45). [read post]
22 Feb 2024, 2:04 pm by Josh Blackman
  This is the second part of our response to Professor John Mikhail's Balkinization post. [read post]
It is clear from the Court’s order of 26 January that the State of Israel shall refrain from military operations that carry a real and imminent risk of physical destruction of a substantial part of the Palestinian people as a whole. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Much of the evidence I discuss here has been ignored or overlooked in the existing scholarship on Section Three, and most of it does not appear in any of the briefs in Trump v. [read post]
17 Feb 2024, 6:30 am by Guest Blogger
Modern originalists are leapfrogging over the Taft era to resurrect an older, anti-Federalist tradition of strict construction and textualism that dates back to Spencer Roane and John Taylor’s response to McCulloch v. [read post]
16 Feb 2024, 7:00 am by Guest Blogger
Bell as well as the anti-miscegenation statute at issue in Loving v. [read post]
15 Feb 2024, 9:32 am by Nathan Dorn
On the one hand, he realized that how people perceive right and wrong can and does change from place to place and from age to age. [read post]