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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
 Section 3 of the Fourteenth Amendment provides:No person [1] shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, [2] who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to… [read post]
US District Judge Roger Benitez based his decision on the US Supreme Court’s holding in New York State Rifle and Pistol Association v. [read post]
29 Jan 2024, 4:35 pm
It would be utterly self-funded too with the price horn commands within the existing markets, with many many thousands of dollars changing hand within this vile trade. [read post]
29 Jan 2024, 10:46 am by Frank O. Bowman, III
What would their powers be over the commander of the military, but for the virtue of the commander? [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]
Paul Nakasone, four-star general and commander of the US Cyber Command, also wrote to Senator Wyden about the NSA’s practices with commercially available information (CAI). [read post]
25 Jan 2024, 6:55 pm by Stephen Halbrook
State and federal agencies routinely issue "guidance" in the form of public statements and private letters that are actually veiled commands and threats of adverse consequences for failure to obey. [read post]
24 Jan 2024, 6:00 am by Chile Eboe-Osuji
In entrancing courtroom advocacy on Jan. 11-12, lawyers for South Africa argued that the Israel Defence Forces have been committing genocide in Gaza since October, encouraged by inflammatory public tirades of command officials in the Israeli government, and that the Israeli government had either condoned or failed to punish influential Israeli officials or personalities who had engaged in direct and public incitement to commit genocide. [read post]