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26 Jan 2014, 10:01 pm
In my earlier exchange with David Bernstein about originalism and precedent, he asked me if I could name any prominent originalists who are in favor of “compensating adjustments” — i.e., thinking holistically about the effect that non-originalist precedents can have on other aspects of the constitutional structure. [read post]
26 Jan 2014, 11:35 am
(I’ll evaluate and consult with Eugene over time to see whether to continue it; for now, it’s an experiment and, maybe, a small test of the differences between the old world of “free spirit” blogging (of which a feature consisting of quotations from Stendhal is perhaps iconic), and the new “media-branded” blogging that Co-Conspirator Will Baude posted about today by reference to comments by Will Wilkerson.) [read post]
22 Jan 2014, 5:55 am
Neverthelss, I think precedent is a bigger problem for originalism than co-blogger Will Baude acknowledges below, though for different reasons than Eric Posner discusses. [read post]
16 Jan 2014, 1:41 pm
(Will Baude) Election law maven Rick Hasen writes: I have now had a chance to review the text the Voting Rights Amendments Act of 2014 introduced today by Representatives Sensenbrenner and Conyers (with parallel legislation being introduced by Senator Leahy in the Senate). [read post]
15 Jan 2014, 9:34 am
(Will Baude) I have a post at SCOTUSBlog recapping yesterday’s decision in Daimler Chrysler AG v. [read post]
15 Jan 2014, 4:01 am
(Stewart Baker) Will Baude’s post on commandeering prompts me to revisit the doctrine after a twenty-year absence. [read post]
14 Jan 2014, 6:07 pm
(Will Baude) Today was the second day of Originalism and its Critics, which I’m co-teaching with Eric Posner. [read post]
14 Jan 2014, 7:44 am
(Will Baude) One theme of the amicus brief I helped write in Noel Canning was the need for a consistent treatment of text, history, and modern practice. [read post]
14 Jan 2014, 5:15 am
Explainers by Trevor Burrus and William Baude at Forbes and by Nina Totenberg at NPR . [read post]
10 Jan 2014, 9:55 am
(Will Baude) A few minutes ago, Attorney General Holder announced that Utah same-sex marriages “will be recognized as lawful and considered eligible for all relevant federal benefits on the same terms as other same-sex marriages. [read post]
10 Jan 2014, 6:08 am
” Will Baude (to whom Herz was originally responding) refutes that interpretation at The Volokh Conspiracy, countering that “[a] vacancy that arises during the session of Congress is generally one that could have been filled, if Congress or the Senate wanted to . . . . [read post]
9 Jan 2014, 4:18 pm
(Will Baude) A while ago, I wrote a post about the grammar of the Recess Appointments Clause, which began: The Recess Appointments Clause, recall, says: “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. [read post]
9 Jan 2014, 2:07 pm
(Will Baude) Professors Rappaport and Ramsey both have posts up on the Originalism Blog reacting to our originalism course (and Eric Posner’s posts about it). [read post]
9 Jan 2014, 5:56 am
(Will Baude) If you haven’t yet heard enough from me about Noel Canning and recess appointments — or if you want to actually hear me talk rather than just read me — I will be doing a teleforum for the American Bar Association on the case on tomorrow morning at 11:30 EST. [read post]
8 Jan 2014, 3:35 pm
Baude, Hartnett, and others have all posed the question as being whether “during the Recess” modifies only “Vacancies that may happen” or also “The President shall have the power to fill up. [read post]
8 Jan 2014, 8:43 am
(Will Baude) Eric Posner has posted a few comments on our first class on originalism, including his thoughts on Heller: It seems to me that the text of the Second Amendment suggests that the right to bear arms is tied to serving in a militia, though not unambiguously, and that the exhaustive historical research discussed by the Court does not resolve the ambiguity one way or the other. [read post]
7 Jan 2014, 9:54 am
(Will Baude) The newest issue of the NYU Journal of Law and Liberty is available online. [read post]
6 Jan 2014, 3:25 pm
(Will Baude) Those who have been following the recess appointments litigation are probably aware of the extensive originalist arguments that the Recess Appointments Clause is limited to appointments that arise (“happen”) while the Senate is in recess, and that “recess” means that the Senate is not in session. [read post]
3 Jan 2014, 12:17 pm
(Will Baude) My new colleague Eric Posner has a post on his new blog about a class that we will be teaching together this quarter, Originalism and its Critics: I have long been skeptical of originalism, and my interest in it is more sociological than intellectual. [read post]
31 Dec 2013, 6:33 am
His piece begins: This Response critiques Baude’s historical account. [read post]
