Search for: "IN THE MATTER OF WHITTINGTON"
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11 May 2020, 10:00 am
Presumably, if the Constitution mattered, it must have had some agreed meaning and authority that moved everyone in public life to accept it as the frame within which politics worked. [read post]
13 Jan 2020, 9:18 am
Co-blogger Keith Whittington posted a thoughtful essay here on the meaning of the special oath that Senators will take before the trial convenes, swearing to "do impartial justice" in impeachment proceedings. [read post]
20 Mar 2020, 7:20 pm
That might not matter if the legal arguments were overwhelmingly in favor of the plaintiffs. [read post]
31 Aug 2012, 9:00 am
WHITTINGTON, ET AL., No. 10-0316 Opinion of the Court Concurring and Dissenting This is a potentially major takings case about when government can take property for private (rather than public) benefit. [read post]
25 Nov 2019, 9:39 am
Lubet continues that the constitutionality of this statute doesn't really matter, because the issue is not justiciable. [read post]
19 Apr 2019, 2:03 pm
Whittington, American Constitutionalism (Vol. [read post]
24 Jan 2017, 6:00 am
Vermeule assumes the very thing he wishes to prove-- that no matter who you put at the helm, what you will get is more abnegation. [read post]
15 Feb 2010, 5:59 am
(Whittington's work was first in time and influenced Barnett). [read post]
28 Sep 2019, 11:19 am
[If Trump used withholding of aid as leverage to pressure Ukraine into investigating Joe Biden, he both violated the Constitution and committed a federal crime. [read post]
4 Feb 2021, 3:19 pm
And the brief cites several posts from Volokh Conspiracy co-bloggers Jonathan Adler, Ilya Somin, and Keith Whittington. [read post]
19 Apr 2019, 2:20 pm
Whittington, American Constitutionalism (Vol. [read post]
28 Mar 2017, 9:51 am
, 2250 of which are devoted to describing the current state of play among originalists, especially what Keith Whittington has called the New Originalism, which Gienapp calls Originalism 2.0, and another 250 words for a conclusion. [read post]
27 Jun 2019, 6:30 am
Many of the so-called "New Originalists," including Randy Barnett, Keith Whittington, and myself, affirm a distinction between "Interpretation" (discovering the meaning of the text) and "construction" (determining the legal effect given to the text). [read post]
9 Jul 2017, 11:44 am
Only where there is some important political agenda present does originalism actually matter. [read post]
5 Nov 2007, 12:13 am
Why does this difference matter? [read post]
14 Jan 2007, 9:03 pm
Original-meaning originalism was develped more extensively by Justice Scalia in his opening essay in A Matter of Interpretation. [read post]
5 Nov 2007, 7:17 am
Why does this difference matter? [read post]
13 Sep 2010, 5:11 am
Rev. 80, 132 n.169 (1991) (quoting Justice Hugo Black’s view that “a judge who refuses ever to stray from his judicial philosophy, and be subject to criticism for doing so, no matter how important the issue involved, is a fool”); see also Terminiello v. [read post]
10 Dec 2019, 2:02 pm
There is a longstanding debate over how much discretion the Constitution allows Congress to delegate to the president on such matters. [read post]
12 Apr 2017, 7:49 am
Here is how he puts the matter: What makes originalism ostensibly distinct from other views is what Prof. [read post]
