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18 Mar 2010, 6:50 am
Briefly: At Above the Law, Mike Sacks of First One @ One First offers tips to those looking to stay overnight to be among the first in Court to hear oral argument (don’t bring a tent; do bring a quarter). [read post]
9 Dec 2010, 9:36 pm
See also, the interview of General Electric's Mike McIlwrath in July 2009 of Prof. [read post]
29 Feb 2008, 5:21 am
For though my position is straight talk, it's not exactly originalism.Posted by Mike Dorf [read post]
20 Oct 2010, 12:02 pm
My personal opinion is that more separation is better than less; I only wish that the Framers had had the foresight to mandate separation of Corporation and State. [read post]
28 Apr 2024, 10:28 am
Professor Mike Ramsey observed that the clear statement rule, or the "presidential nonapplicability canon (if we can call it that) parallel a view of the major questions doctrine as a substantive canon. [read post]
20 Dec 2023, 4:00 am
As Professor Cass Sunstein has written:The Court devotes essentially no attention to the original public meaning of the Due Process Clause, or to the original understanding of its framers and ratifiers. [read post]
5 Apr 2012, 7:06 am
James Vicini of Thomson Reuters News & Insight places President Obama’s remarks about the Court in historical context, as do Randy Barnett and Mike Seidman on the PBS NewsHour (video). [read post]
16 Nov 2010, 10:57 am
Stevens spoke with Chronicle reporter Mike Tolson. [read post]
10 Jan 2024, 1:27 am
When the Framers designed the Constitution’s impeachment provisions, they made a conscious choice not to allow impeachment for mere “maladministration”—in other words, for incompetence, poor judgment, or bad policy. [read post]
2 Dec 2013, 9:36 am
Others are made in a forthcoming article (not online yet) by Mike Rappaport. [read post]
19 Sep 2010, 5:41 pm
Mike Masnick makes an argument for First Amendment geeks to love: that copyright law itself violates the First Amendment (TechDirt). [read post]
26 Sep 2022, 5:01 am
Framers of the amendment had different views about the issue. [read post]
8 Jul 2011, 9:55 am
"And just a few weeks ago, Admiral Mike Mullen, chairman of the Joint Chiefs of Staff, said that the national debt is “the single biggest threat to our national security. [read post]
5 Mar 2018, 6:50 am
The judge can be criticized, however, for making these arguments when they conflict with their very own theory of originalism-- that is, when they argue for a position that has no basis in or conflicts with the original meaning, intention, or understanding of the Constitution.Recently, for example, Mike Ramsey argued that, although it appears likely that the Supreme Court's two originalist Justices will vote to overturn Abood in the recently argued Janus case, this result "appears… [read post]
19 Nov 2016, 8:26 am
They would not in the least be "faithless electors," at least from the perspective of the Framers who devised the electoral college in the first place (stupid as it is); rather, they would rise to the occasion by trying to save the Union (and perhaps the entire world) from a true menace. [read post]
5 Mar 2018, 6:50 am
The judge can be criticized, however, for making these arguments when they conflict with their very own theory of originalism-- that is, when they argue for a position that has no basis in or conflicts with the original meaning, intention, or understanding of the Constitution.Recently, for example, Mike Ramsey argued that, although it appears likely that the Supreme Court's two originalist Justices will vote to overturn Abood in the recently argued Janus case, this result "appears… [read post]
27 Jun 2023, 9:34 am
The majority noted how state court judicial review under state constitutions was well known by the Constitution's framers and was part of the backdrop for the SCOTUS decision in Marbury v. [read post]
29 May 2024, 4:00 am
As Mike discussed yesterday, the majority opinion of Justice Alito altered the governing law to make it much more difficult, but not impossible, for plaintiffs to bring racial redistricting claims. [read post]
19 Jan 2021, 10:43 am
But the framers of the 14th Amendment clearly thought that Section 3 covered the president. [read post]
3 Feb 2024, 9:52 am
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]
