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19 Jun 2023, 6:30 am by Guest Blogger
It was famously rejected in McCulloch v. [read post]
17 Jun 2023, 10:20 pm by Josh Blackman
And one month later, a cert petition was filed in United States v. [read post]
16 Jun 2023, 6:30 am by Guest Blogger
  The book points out that neither the Federalist nor other early commentaries used the word “interposition” and that the term did not even surface in state protests against Chisholm v. [read post]
15 Jun 2023, 6:30 am by Guest Blogger
United States (1992) and Printz v. [read post]
14 Jun 2023, 6:30 am by Sandy Levinson
  All the while, of course, the national citizenry has basically remained asleep, acceding to Madison’s devout wish, in Federalist 40, that they “venerate” the United States Constitution and, in effect, never even think of having a second national convention. [read post]
8 Jun 2023, 2:30 pm by Josh Blackman
The dissent provides a careful analysis of the so-called Spending Clause from the Constitutional Convention, through the debates over the first Bank of the United States with Hamilton and Jefferson, through the vetoes by Presidents Madison and Monroe, through the Progressive Era, through the New Deal, and into the modern era. [read post]
22 May 2023, 4:30 am by Lawrence Solum
  Here is the abstract: The United States, it is widely believed, is at a moment of constitutional crisis. [read post]
17 May 2023, 2:25 pm by Eugene Volokh
After briefing was completed in this case and while a decision was pending, the United States Supreme Court decided New York State Rifle & Pistol Ass'n, Inc. v. [read post]
23 Apr 2023, 2:42 pm by Russell Knight
“We disclaim altogether any jurisdiction in the courts of the United States upon the subject of divorce. [read post]
21 Apr 2023, 12:10 pm by John Floyd
Madison, entrenched this governmental value into a constitutional duty with this explicit finding: “The government of the United States has been emphatically termed a government of laws, and not of men. [read post]
7 Apr 2023, 9:30 pm by ernst
  Georgetown Law observes the centennial of United States v. [read post]
4 Apr 2023, 12:46 am by Anthony Gaughan
Later, a version of interposition termed “Judicial Federalism” emerged as a constraint on federal legislative power in Printz v. [read post]
17 Mar 2023, 7:09 am
Later, a version of interposition termed “Judicial Federalism” emerged as a constraint on federal legislative power in Printz v. [read post]
17 Mar 2023, 7:08 am by Christine Corcos
Later, a version of interposition termed “Judicial Federalism” emerged as a constraint on federal legislative power in Printz v. [read post]