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19 Aug 2024, 6:16 am
What is certain, as the “Great Chief Justice” John Marshall once wrote, is that they wanted the Constitution to be an “enduring” document. [read post]
19 Aug 2024, 3:30 am
– John Jenkins [read post]
15 Aug 2024, 6:00 am
I’m extremely grateful to the participants in the symposium – Jonathan Gienapp, Greg Ablavsky, Rachel Shelden, Anna Law, Anne Twitty, Simon Gilhooley, Jane Manners, Evelyn Atkinson, Aaron Hall, Christian Fritz, David Schwartz, Connor Ewing, and John Mikhail – for their thoughtful and probing engagement with The Interbellum Constitution. [read post]
8 Aug 2024, 11:11 am
Sandy Levinson John Mikhail has written a wonderful (in every sense of the word) review of Alison LaCroix’s pathbreaking reminder of the importance of what she calls “the interbellum Constitution,” i.e., the Constitution that developed following the War of ! [read post]
8 Aug 2024, 6:30 am
Hasen, Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy (Yale University Press, 2020).2019December 14, 2019Balkinization Symposium on Mary Anne Franks, The Cult of the Constitution (Stanford University Press, 2019).December 6, 2019Balkinization Symposium on David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
8 Aug 2024, 4:44 am
Marshall Cohen reports for CNN. [read post]
5 Aug 2024, 9:14 pm
Meanwhile, the law would immediately remake the voting membership of the Supreme Court from a 6 to 3 moderate, libertarian, and conservative Republican-appointed majority, into a Supreme Court with a 6 to 3 Progressive Democratic-appointed majority, and three Republican-appointed members without a vote on cases before the Supreme Court: Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito. [read post]
4 Aug 2024, 6:30 am
For the Balkinization Symposium on Alison L. [read post]
3 Aug 2024, 6:30 am
LaCroix adds depth to the history of the cases and ideas she analyzes by tracing personal, family, and locational networks, and digging into the records of the oral arguments, as well as case files and original primary documents—for example, uncovering a twist in John Marshall’s circuit opinion in The Brig Wilson by examining interlineations in his handwritten draft opinion. [read post]
2 Aug 2024, 4:00 am
During the first week of constitutional law as conventionally taught in most American law schools (and as I teach it), students learn that, in the words of Chief Justice John Marshall speaking for the Supreme Court in Marbury v. [read post]
31 Jul 2024, 9:44 am
Madison (1803), Chief Justice John Marshall famously said, “It is emphatically the province and duty of the Judicial Department to say what the law is. [read post]
30 Jul 2024, 6:30 am
Starting with 1820’s The Brig Wilson, a circuit court opinion in which Chief Justice Marshall first held that a federal statute drew on Congress’s authority over interstate commerce, LaCroix shows that the power to exclude was a central focus of the federalism struggle. [read post]
30 Jul 2024, 4:22 am
Georgia, President Jackson is famously alleged to have said, “John Marshall has made his decision, now let him enforce it. [read post]
29 Jul 2024, 2:27 pm
John McGinnis, for example, favorably compares Justice Barrett to Justice Scalia as a scholar-justice. [read post]
28 Jul 2024, 6:30 am
Specifically, it called to mind some of the undercurrents in my 2021 essay in Jeff Pasley and John Craig Hammond’s A Firebell in the Past. [read post]
27 Jul 2024, 6:00 am
And marshalling such appeals is not simply a tactical plus. [read post]
25 Jul 2024, 8:44 pm
John Marshall and Dara Gans-Marshall appealled from the order of the Court of Common Pleas of Chester County, which reversed the grant of a variance by the East Bradford Township Zoning Hearing Board (“ZHB”). [read post]
25 Jul 2024, 12:36 pm
John Maloof v. [read post]
25 Jul 2024, 6:30 am
Chief Justice John Marshall’s first judicial exploration of the commerce power while riding circuit in Virginia, for example, offers an example of “ambivalent federalism. [read post]
24 Jul 2024, 9:01 pm
In Part One of this series, I analyzed what I think was a profound failure by Judge Aileen Cannon, in dismissing the improper-documents-handling indictment by Special Counsel Jack Smith, to properly appreciate and operate within the bounds of federal district court power. [read post]
