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20 Feb 2019, 8:00 am by Dan Ernst
Schwartz, University of Wisconsin Law School, has posted An Error and an Evil: The Strange History of Implied Commerce Powers, which is to appear in the American University Law Review 68 (2019): 927-1014:An underspecified doctrine of implied "reserved powers of the states" has been deployed through U.S. constitutional history to prevent the full application of McCulloch v. [read post]
24 Jan 2019, 4:15 pm
  For more on these strange concepts for most of you, we suggest Google. [read post]
9 Jan 2019, 5:37 am by Quinta Jurecic
Much of the commentary around on Trump’s proposed national emergency has focused on the framework set out in Justice Robert Jackson’s deservedly famous concurrence in Youngstown Sheet & Tube Co. v. [read post]
18 Dec 2018, 9:16 am by Ken White
I think it gives the government dangerous and excessive power. [read post]
5 Oct 2018, 3:31 pm by Lyle Denniston
Another precedent that some of his critics said might be vulnerable is United States v. [read post]
5 Oct 2018, 6:51 am by David Markus
(Strangely it doesn't say who joined the opinion). [read post]
19 Sep 2018, 9:00 pm by John Dean
That is no longer true.Judge Kavanaugh has a very broad view of presidential powers. [read post]
16 Sep 2018, 12:29 pm by Brooke
Igo's The Known Citizen: A History of Privacy in Modern America, Cyrus Farivar's Habeas Data: Privacy vs. the Rise of Surveillance Tech, Mary Ziegler's Beyond Abortion: Roe v. [read post]