Search for: "Scalia v. United States" Results 61 - 80 of 4,615
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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]
30 Jan 2024, 9:05 pm by renholding
Numerous studies show that Chevron deference is currently the exception rather than the rule, and since 2001’s United States v. [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]
17 Jan 2024, 5:04 am by Guest Author
”  How then is it possible that the Department of Commerce in these cases received Chevron deference given that the modern caselaw on Chevron—in particular, United States v. [read post]
9 Jan 2024, 9:01 pm by Josh Blackman
Here the article invoked the same reasoning used by Chief Justice Marshall in United States v. [read post]
2 Jan 2024, 11:51 pm by Steven Calabresi
United States, so it is hard to be wildly enthusiastic about any of them. [read post]
19 Dec 2023, 6:22 pm by Ilya Somin
Worcester ed., 1859) (defining "office" as "a publick charge or employment; magistracy");United States v. [read post]
16 Dec 2023, 6:34 am by Guest Author
United States, 512 U.S. 452, 464 (1994) (Scalia, J., concurring). [read post]