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22 Nov 2010, 9:13 am
Harvie Wilkinson, III, of the United States Court of Appeals for the Fourth Circuit. [read post]
31 Oct 2010, 12:30 pm by Lawrence Solum
Randy Barnett  and Keith Whittington  have played prominent roles in the development of the “New Originalism. [read post]
17 Oct 2010, 11:11 am by Randy Barnett
(Randy Barnett) In an earlier post, Orin compares the current challenges to the constitutionality of the individual insurance mandate to debates on this blog over the case of McDonald v. [read post]
12 Oct 2010, 8:02 am by Randy Barnett
And consequently, whenever nine, or rather ten States, were united in the desire of a particular amendment, that amendment must infallibly take place. [read post]
4 Oct 2010, 1:07 pm by Ilya Somin
Among other things, it explains why the mandate runs afoul of the five part test established in the Supreme Court’s most recent Necessary and Proper Clause decision, United States v. [read post]
29 Sep 2010, 10:33 pm
Reed, the Court found that disclosure of the identities of petition signers did not, absent a particularized showing, so chill their petition signing as to violate their free speech rights; and in United States v. [read post]
25 Sep 2010, 9:16 am by Dave
In particular, the Court must examine whether the decision-making process leading to measures of interference was fair and such as to afford due respect to the interests safeguarded to the individual by Article 8 (see Buckley v. the United Kingdom, 25 September 1996, § 76, Reports of Judgments and Decisions 1996-IV; Chapman v. the United Kingdom [GC], no. 27138/95, § 92, ECHR 2001-I; and Connors, cited above, §§ 83 and 92) 68. [read post]
24 Sep 2010, 7:40 am by On the Net
The very few mandates that are imposed on the people pertain to their fundamental duties as citizens of the United States, such as the duty to defend the country or to pay for its operation. [read post]
22 Sep 2010, 4:00 am by Randy Barnett
The very few mandates that are imposed on the people pertain to their fundamental duties as citizens of the United States, such as the duty to defend the country or to pay for its operation. [read post]
19 Sep 2010, 5:41 pm by Mark Bennett
Doug Berman (Sentencing Law and Policy) quotes some of my own favorite parts of the Constitution and opines that the criminal-law related provision given the least respect or attention in modern times is the Reprieves-and-Pardons Clause of Article II (“The President … shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment”). [read post]