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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]
8 Feb 2024, 3:45 pm by Steven Calabresi
 This is dispositive proof that the Presidency is also not an "office *** under the United States" for the purposes of Section 3 of the Fourteenth Amendment.The post Offices Under the United States and the Oral Argument in Trump v. [read post]
8 Feb 2024, 11:37 am by Josh Blackman
Justice Gorsuch was the most interested questioner on whether the President was an "Officer of the United States. [read post]
7 Feb 2024, 11:00 pm by Steven Calabresi
 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]
7 Feb 2024, 7:47 pm by Josh Blackman
Tomorrow, on February 8, 2024, the Supreme Court of the United States will hear oral argument in Trump v. [read post]
29 Jan 2024, 3:42 pm by Jonathan H. Adler
United States, a 5-4 decision from 2012 in which the Court concluded that many state actions to enforce federal immigration laws are preempted. [read post]
29 Jan 2024, 10:46 am by Frank O. Bowman, III
Constitution which provides that, “The United States shall … protect each [state] against invasion. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
24 Jan 2024, 3:12 pm by Adam White
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]