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15 Dec 2020, 8:30 am by Eugene Volokh
A nice mix, if I do say so myself, especially given the argument we are making; thanks to all of them for joining, to UCLA law student Madison Way for her help with the brief, and, as always, to Scott & Cyan Banister, whose support makes our UCLA Amicus Brief Clinic possible. [read post]
11 Dec 2020, 9:07 pm
Madison, "it is emphatically the province and duty of the judicial department to say what the law is. [read post]
11 Dec 2020, 2:00 am
Madison, "it is emphatically the province and duty of the judicial department to say what the law is. [read post]
4 Dec 2020, 6:32 am by Second Circuit Civil Rights Blog
This is one of those celebrity cases that only arise in the Second Circuit, home of New York City, where famous people live and work and play and bring lawsuits against other famous people.The case is Oakley v. [read post]
14 Nov 2020, 1:58 pm by Sandy Levinson
  Along with Van Cleve, I also assigned Federalist 40, written by Madison, in which Madison defends, plausibly or not, the extraordinarily powers seized by the Framers in Philadelphia when measured against both the rather limited mandate of Congress--to suggest "revisions" in the Articles of Confederation--and, more importantly, the constraints of Article XIII of the Articles of Confederation, which required the assent of the legislatures of every one of the states… [read post]
28 Oct 2020, 9:01 pm by Vikram David Amar
The elected Arizona legislature (and Chief Justice John Roberts’s dissent), like the Rehnquist concurrence in Bush v. [read post]
13 Oct 2020, 10:35 pm by James Romoser
Madison (which established the power of the Supreme Court to declare laws unconstitutional) and Brown v. [read post]
9 Oct 2020, 6:30 am by Guest Blogger
(Harvard University Press, 2020), and Jesse Wegman, Let the People Pick the President: The Case for Abolishing the Electoral College (St. [read post]
28 Sep 2020, 4:03 pm by Eugene Volokh
You do not work for Madison, or any other unelected entity—our government is of the people, by the people, and for the people. [read post]
16 Sep 2020, 6:30 am by Sandy Levinson
  I read Madison as offering the quite implausible hope that the new Constitution can endure as a “republican” order, basically by limiting the power of “we the people”; he proudly states in Federalist 63 that a central feature of the new constitutional order is that all governance will be done exclusively through “representatives” and none whatsoever by “the people” themselves. [read post]
7 Aug 2020, 6:57 am by Richard Garnett
The remaining category of American religious-liberty controversies involves exemptions for religious exercise and accommodations for religious people. [read post]