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5 Mar 2024, 6:30 am
In addition to this account’s textual and structural virtues, it appears to have been the understanding of presidential power shared by George Washington, Thomas Jefferson, James Madison, William Wirt, Daniel Webster, William Howard Taft, and the First Congress.This understanding of executive power may seem overly formalistic, but it allows for the existence of agencies whose heads are removable but nevertheless bound by law to exercise independently the discretion Congress… [read post]
4 Mar 2024, 4:05 am
Atiq, Chapters 2 & 3 of Contemporary Non-Positivism, (Forthcoming in Cambridge University Press (Cambridge Elements Series in the Philosophy of Law)).Howard Schweber, "Pray Liberty of Conscience to Revive Us": James Madison's Understanding of Religious Liberty in the US Constitution, (October 9, 2021).Sohaib Mukhtar, Malieka Farah Deeba & Ahmad Talha, Misconceptions Over Gender Inequalities in Islamic Law and Pakistan: A Comparative… [read post]
1 Mar 2024, 7:26 pm
As James Madison put it in his Report of 1800, "Invasion is an operation of war. [read post]
27 Feb 2024, 6:05 am
In a discussion of the Alien and Sedition Acts, James Madison wrote that “Invasion is an operation of war. [read post]
23 Feb 2024, 8:00 am
" James A. [read post]
19 Feb 2024, 8:57 am
That is the central reason why James Madison, seconded by James Wilson, first moved on June 1 that the Executive be vested with the power “to appoint to offices in cases not otherwise provided for. [read post]
10 Feb 2024, 11:12 pm
On May 29, 1787, James Madison introduced the Virginia Plan. [read post]
8 Feb 2024, 3:45 pm
James Madison that legislative officers could not be put in the line of succession to the Presidency because doing so would violate the Incompatibility Clause. [read post]
7 Feb 2024, 11:00 pm
The Founding Fathers discussed and debated this very question, and James Madison lost while making the exact same argument that the Amar brothers make as to Section 3 of the Fourteenth Amendment that the Presidency is an Office under the United States. [read post]
6 Feb 2024, 6:30 am
In my view, Kavanagh’s “mediated majoritarianism” is clearly related to James Madison's understanding of democracy. [read post]
4 Feb 2024, 6:29 pm
Part II of Donald Trump’s brief argues that the factual predicate for the Colorado Supreme Court’s decision to remove Trump’s name from the primary ballot was absent because Trump did not “engage in” an insurrection against the United States on January 6, 2021.[1] [Apologies in advance about all the footnotes, but I didn't want to clutter the text with too many peripheral matters.]The Colorado Supreme Court held that Trump’s words on January 6… [read post]
3 Feb 2024, 11:27 am
Not only did James Madison and Alexander Hamilton bless anti-removal tools, but early Congresses enacted statutes that discouraged removal. [read post]
31 Jan 2024, 12:32 pm
I discussed the original meaning of "invasion" here, highlighting (among other things) James Madison's unequivocal statement that "Invasion is an operation of war. [read post]
29 Jan 2024, 10:46 am
In Madison’s discussion of Article IV in Federalist 44, he emphasizes that states require “protection against invasion” by both “foreign hostility” and potentially even aggressive fellow states of the union. [read post]
28 Jan 2024, 9:05 pm
Madison has been recited thousands of times. [read post]
27 Jan 2024, 7:54 pm
[Their amicus brief endorses the view that members of state legislatures are officers. [read post]
25 Jan 2024, 1:40 pm
James Madison, Alexander Hamilton, and the other visionaries who wrote the U.S. [read post]
24 Jan 2024, 3:12 pm
James Madison’s criticism of the early state governments, recorded in his 1787 memo on the “Vices of the Political System of the United States,” emphasized not just the overbearing “multiplicity” of laws, but also the pathetic “mutability” of their laws—two sides of the same coin. [read post]
18 Jan 2024, 11:11 pm
[About 30 amicus briefs were filed to reverse the Colorado Supreme Court’s ruling that disqualified President Trump from the ballot.] [read post]
15 Jan 2024, 12:57 pm
Madison, and Tennessee v. [read post]
