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28 Apr 2021, 9:01 pm by Neil H. Buchanan
The answer was that, as a constitutional matter, the president must treat the debt ceiling as nonbinding and borrow the amount of money necessary—but no more than that amount—so that he can faithfully execute the taxing and spending laws.During the years when the Republicans were using the debt ceiling to try to extort concessions from the Obama administration (2011-16), most people simply assumed that a president would have no choice but to refuse to spend appropriated funds if… [read post]
14 Apr 2021, 9:01 pm by Neil H. Buchanan
There is no attention paid to the non-physical types of public investment that propel economic growth.To be sure, the very nature of ASCE’s expertise should obviously cause them to concentrate on civil engineering matters. [read post]
31 Mar 2021, 9:27 pm by David Kopel
King James II was a Catholic, and he personally ordered the Attorney General to prosecute Knight for violating the Statute of Northampton. [read post]
8 Feb 2021, 9:00 pm by Neil H. Buchanan
What matters most is what will happen at the trial no matter what, which is that the world will see the open-and-shut case against Donald Trump. [read post]
27 Jan 2021, 9:01 pm by Neil H. Buchanan
What does the Constitution say, simply as a matter of text? [read post]
20 Jan 2021, 9:01 pm by Neil H. Buchanan
No matter how close we actually came to plummeting into the canyon, we will have to take that ride again very soon. [read post]
18 Jan 2021, 9:00 pm by Neil H. Buchanan
Moreover, even such a limited right to bear some arms is also limited by the place in which arms can be borne, with “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings” (in Scalia’s words) fitting easily within the confines of the Constitution.Again, “keep and bear arms” is textually indistinguishable from “shall have power to grant,” in the sense that both offer unmodified terms—“arms and… [read post]
13 Jan 2021, 9:00 pm by Neil H. Buchanan
It turns out that no matter how he might try to justify what he was doing, every excuse runs into a constitutional wall. [read post]
22 Dec 2020, 2:33 pm by Joel R. Brandes
 Circumstances of contemporary daily interactions between men and women, warrants that the “opportunity” element of proof of adultery must be interpreted to mean more that mere “proximity,” but must instead necessarily mean “proximity plus. [read post]
15 Dec 2020, 5:14 pm
  The essay considers the transformations in societal organization exposed during the first shocks of the COVID-19 pandemics and what it suggests for the "new normal" going forward (there is no going back, no matter how strong the nostalgia for that past). [read post]
10 Dec 2020, 7:44 am by Rebecca Tushnet
With respect to the other Supreme Court case about copyright subject matter, Georgia v. [read post]