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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]
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
9 Jan 2024, 12:05 pm by Eugene Volokh
The course will likely be seven 2-hour sessions, with (I'm hoping) some excellent guests joining us. [read post]
16 Jun 2023, 6:30 am by Guest Blogger
  The book points out that neither the Federalist nor other early commentaries used the word “interposition” and that the term did not even surface in state protests against Chisholm v. [read post]
2 Feb 2023, 6:30 am by John Mikhail
Harper and other recent election law controversies (more on this below). [read post]
17 Nov 2022, 4:57 am by centerforartlaw
By James Parker The Supreme Court waited 27 years after deciding the 1994 landmark case of Cambell v. [read post]
17 Nov 2022, 4:57 am by centerforartlaw
By James Parker The Supreme Court waited 27 years after deciding the 1994 landmark case of Cambell v. [read post]
1 Nov 2022, 10:23 am by David Kopel
Part V addresses Miller and Tucker's claim that the American Founders were unfamiliar with dramatic technological changes in firearms — a claim that is refuted by Dupuy's data. [read post]
1 Sep 2022, 6:57 am by James Romoser
Harper (Carrie Campbell Severino, National Review) A Brief Guide to Legal Corpus Linguistics, the Unholy Fusion of Big Data and Originalism (James LaRock & Jacob Hammond, Balls and Strikes) The post The morning read for Thursday, Sept. 1 appeared first on SCOTUSblog. [read post]
29 Jul 2022, 6:15 am by Tess Graham
We welcome readers to use the archive to follow the unfolding situation and generate new lines of analysis. [read post]
14 Jun 2022, 6:30 am by Guest Blogger
”  But one explanation for populism, obviously, is a justified belief that governmental institutions have been captured by elites who fit James Madison’s notion of a “faction,” i.e., representatives of distinctly partial interests rather than people genuinely committed to something that might be termed “the public interest. [read post]