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19 Jun 2020, 3:56 pm by David Kopel
As Barnett explains: Spooner supplemented this interpretive claim about original public meaning with a principle of construction he took from the 1805 Supreme Court case of United States v. [read post]
26 May 2020, 8:02 am by Philip Segal
The case is Venus Over Manhattan Art LLC v. 980 Madison Owner LLC, 1:20-cv-03838, U.S. [read post]
25 May 2020, 6:30 am by Guest Blogger
He says that Madison nowhere asserted that a single state had exit rights. [read post]
20 May 2020, 12:26 pm by Anthony Gaughan
Here is the abstract: One of the most controversial decisions in the modern history of the Supreme Court is Citizens United v. [read post]
19 May 2020, 6:15 pm by Sandy Levinson
One other quite obvious question:  Assume that one is completely confident that originalism requires independent electors, just as James Madison never ever said he was mistaken in 1791 in arguing that the Bank of the United States was unconstitutional. [read post]
14 May 2020, 9:30 pm by Dan Ernst
Gaughan, Drake University Law School, has posted James Madison, Citizens United, and the Constitutional Problem of Corruption which appears in the American University Law Review 69 (2020): 101:James Madison (LC)One of the most controversial decisions in the modern history of the Supreme Court is Citizens United v. [read post]
14 May 2020, 7:15 pm by Jonathan H. Adler
This week, various interest groups, academics and others filed over three-dozen "top-side" amicus briefs in California v. [read post]
14 May 2020, 6:30 am by Guest Blogger
But Madison nowhere asserts that if the Constitution were approved based on the new theory of self-governance, a single state or even a few disgruntled states, can dissolve it.Indeed, Madison insists, in a letter dated January 1, 1833 to Alexander Rives, that “a rightful secession requires the consent of the others, or an abuse of the compact. [read post]
13 May 2020, 10:30 am by Guest Blogger
Besides, as James Madison told the delegates, if a state were invaded by the federal government, it would conclude that the compact amongst the states was at an end. [read post]
9 May 2020, 6:30 am by Guest Blogger
David SchwartzNext week, in Colorado Dept. of State v. [read post]