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22 Feb 2024, 2:04 pm by Josh Blackman
Furthermore, Story would expressly engage in a discussion of the Constitution's "officers of the United States"-language and "office under the United States" three sections later: in Section 791. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
18 Feb 2024, 6:30 am by Guest Blogger
" This shift followed the substantial and unprecedented government intervention in civic and economic life accompanying the United States' entry into World War I. [read post]
6 Feb 2024, 7:20 am by Will Baude
For example, Lash, in discussing the question of ratifiers' views on "whether Section Three applied to future insurrections," states (at 45) that "[v]ery few ratifiers specifically addressed" the question, but those who did "came to different conclusions" on this point. [read post]
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  The Positions Clause [1] employs the catch-all term “office, civil or military, under the United States,” whereas the Officials Clause [2] uses the catch-all term “officer of the United States. [read post]
2 Feb 2024, 9:30 pm by ernst
  Scalia, J., thought Presidents were "officers of the United States" (Lawfare). [read post]
31 Jan 2024, 6:22 am by Guest Author
United States, Justice Scalia stated, “we have never thought that the interpretation of those charged with prosecuting criminal statutes is entitled to deference. [read post]