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[Josh Blackman] Why Does The Phrase "Not Herein Otherwise Provided For" Appear In The Appointments Clause?

10 Feb 2024, 11:12 pm by Josh Blackman

[Earlier in the Constitutional Convention, the legislature had the power to appoint judges, ambassadors, and the treasurer. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] A Reply To Sam Bray: The Drafting History of the Impeachment Clause

10 Feb 2024, 10:28 pm by Josh Blackman

The Blackman-Tillman position is consistent with the "legal drafting culture" at the Constitutional Convention, at which surgical changes were made to the office- and officer- language in the Impeachment Clause, the Religious Test Clause, and the Succession Clause. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Blackman & Baude & Paulsen at San Diego Originalism Works-in-Progress Conference

10 Feb 2024, 10:01 pm by Josh Blackman

The format was Paulsen for ten minutes, Blackman for ten minutes, Baude for seven minutes, Blackman for seven minutes, followed by about 90 minutes of Q&A. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Today in Supreme Court History: February 10, 1967

10 Feb 2024, 4:00 am by Josh Blackman

2/10/1967: The 25th Amendment is ratified.The post Today in Supreme Court History: February 10, 1967 appeared first on Reason.com. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Oral Arguments in Trump v. Anderson Part IV: Justice Sotomayor and Kagan get the line between national power and federalism

9 Feb 2024, 3:48 pm by Josh Blackman

The Tillman-Blackman Approach From the earliest days, Tillman and I recognized a way that would reconcile the state's power to regulate local officials and national officials. [read post]

The Volokh Conspiracy - http://www.volokh.com/

“Oral Arguments in Trump v. Anderson Part II: Justice Jackson Gets ‘Office under the United States’; Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy; But Mitchell’s concern about Foreign Emoluments Clause ‘boomerang’ could have cut off a path of complete victory.”

9 Feb 2024, 3:02 pm by Howard Bashman

” Josh Blackman has this post at “The Volokh Conspiracy,” along with a post titled “Oral Arguments in Trump v. [read post]

How Appealing - http://howappealing.abovethelaw.com

[Josh Blackman] Oral Arguments in Trump v. Anderson Part III: Justice Kavanaugh Gets Griffin's Case and Justice Barrett gets FedCourts

9 Feb 2024, 1:28 pm by Josh Blackman

[Why did Jonathan Mitchell not vigorously defend Griffin's Case and Chief Justice Chase? [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Oral Arguments in Trump v. Anderson Part II: Justice Jackson Gets "Office under the United States"

9 Feb 2024, 11:37 am by Josh Blackman

[Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy. [read post]