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3 Jan 2023, 8:55 am by Lawrence Solum
In 1953, Professor William Crosskey opened up a new window into the Constitution when he pointed out that many of Congress’s enumerated powers had been prerogatives of the British Crown. [read post]
30 Jun 2022, 9:47 am by Amy Howe
” Then-Chief Justice William Rehnquist was an early proponent of the theory. [read post]
8 May 2009, 1:25 pm
  One of the Court's major arguments has been separation of powers. [read post]
17 Sep 2010, 6:46 am by On the Net
The Volokh Conspiracy:  “William Howell, the Speaker of the Virginia House of Delegates, and I have an op-ed in today’s Wall Street Journal making the case for a constitutional amendment giving 2/3 of state legislatures the power to repeal any federal law or regulation. [read post]
9 Mar 2009, 8:10 pm
Tyler (College of William and Mary) has posted Clarifying Departmentalism: How the Framers' Vision of Judicial and Presidential Review Makes the Case for Deductive Judicial Supremacy on SSRN. [read post]
4 Sep 2013, 1:37 pm by Ilya Somin
Yet, as William Baude shows, the conventional wisdom at the time of the Founding, and for many decades thereafter, was exactly the opposite: the federal government did not have the authority to condemn property within the territory of state governments. [read post]
25 Feb 2020, 8:10 am
A painful feeling of their oppressed situation will itself deprive them of the power of surmounting it. [read post]
17 Aug 2020, 5:39 am by Marcia Coyle
Before analyzing the challenge, then-Associate Justice William Rehnquist, who wrote for a unanimous court, said the case was a good example of Justice Oliver Wendell Holmes's aphorism that “a page of history is worth a volume of logic. [read post]
25 Mar 2011, 10:40 am
There is a widespread intuition that the Constitution provides much less than a full blueprint of the structure and powers of the contemporary federal government. [read post]
14 Mar 2011, 9:48 pm by Steve Bainbridge
William Saletan makes much the same point, arguing that: For 40 years, they've quietly done their work. [read post]
11 Jan 2007, 2:53 pm
In addition to being a hypocrite about drug use (Rehnquist did everything in his power to curtail the rights of drug defendants; he himself was a drug addict), he was also, according to the late Justice William Brennan's memos, a racist. [read post]
23 Oct 2014, 9:01 pm by Vikram David Amar
In 1974, when Justice William Douglas’s majority opinion in one case construed the fee-setting authority of a federal agency narrowly so as to avoid nondelegation problems, Justice Thurgood Marshall wrote: The notion that the Constitution confines the power of Congress to delegate authority to administrative agencies, which was briefly in vogue in the 1930’s, has been virtually abandoned by the Court for all practical purposes . . . [read post]
5 Nov 2019, 10:48 am by Tyler Broker
In a speech where he demonized all those who do not subscribe to his religious 'moral' teachings as the direct cause of all the country’s problems, William Barr also claimed to be the victim. [read post]
27 Mar 2020, 9:05 pm by Milad Emamian
Brugger suggests that the monument’s designation by President William Clinton and subsequent reduction by President Trump reflect changing attitudes towards public land use as uninhabited space, a means of preservation, or a site to extract natural resources. [read post]