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3 Mar 2024, 12:24 pm by Josh Blackman
[Professor Shugerman's argument that the 1793 Hamilton Document, that is, a list of "every person holding any civil office or employment under the United States, (except the judges)," was intended to ensure compliance with the Constitution's Sinecure Clause lacks support.] [read post]
29 Feb 2024, 3:25 pm by Orin S. Kerr
Back in December, after Texas Governor Abbott signed into law an immigration enforcement law, S.B. 4, Josh Blackman and I had dueling posts (Josh's here, mine here) on whether S.B. 4 was preempted by federal law under the Supreme Court's decision in Arizona v. [read post]
29 Feb 2024, 4:30 am by Lawrence Solum
In an earlier piece by Josh Blackman and Seth Tillman, Is the President an “Officer of the United States” for Purposes of Section 3 of the Fourteenth Amendment? [read post]
26 Feb 2024, 4:00 am by Josh Blackman
2/26/1869: The 15th Amendment is submitted to the states.The post Today in Supreme Court History: February 26, 1869 appeared first on Reason.com. [read post]
23 Feb 2024, 8:22 am by Howard Bashman
“A Response to Professor John Mikhail on ‘Officers of the United States’ — Part II; The issues, arguments, and evidence raised by Mikhail have already been addressed by extant scholarship, including our scholarship; Mikhail’s arguments and evidence were not ‘ignored or overlooked’”: Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy. [read post]
22 Feb 2024, 2:04 pm by Josh Blackman
[The issues, arguments, and evidence raised by Mikhail have already been addressed by extant scholarship, including our scholarship. [read post]
21 Feb 2024, 4:00 am by Josh Blackman
2/21/1868: President Johnson orders Secretary of War Edwin Stanton removed from office. [read post]