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20 Jun 2019, 12:21 pm
Such an approach was very much on display during the founding as Gienapp shows and, as Mark Graber demonstrates in his article “Constructing Constitutional Politics,” during Reconstruction as well.This is by way of saying that in contrast to some of the symposium participants, I see a number of significant similarities between the “older” originalism of original intention and the “newer” originalism that stresses the original meanings of… [read post]
23 Nov 2016, 11:07 am
" Mark Graber has argued that the answer was no with the election of Andres Jackson, and there is certainly much to that view. [read post]
14 Nov 2020, 1:58 pm
(Full disclosure: I was happy to write an enthusiastic Foreword to the book, and Balkinization regular Mark Graber also contributed a strong blurb, as did University of Virginia history professor emeritus Peter Onuf.In some ways, the book can be compared to the Declaration of Independence. [read post]
20 Aug 2015, 9:33 am
I want to thank Mark Graber for his generous comments about my forthcoming book and note that after this post, I’ll take a brief break to do a bit of promotion for Broken Trust: Dysfunctional Governmentand Constitutional Reform. [read post]
18 Apr 2017, 6:15 pm
Graber, Mark A., Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism (1991). [read post]
7 Feb 2024, 4:30 am
That question in turn raises sub-questions, as discussed thoughtfully along with discussion of many of the other issues by Professor Marty Lederman in a multi-part series on Balkinization, which also includes helpful recent contributions from Professors Bruce Ackerman, Mark Graber, and Gerard Magliocca.(9) Intertwined with some of the foregoing questions, does the case present a nonjusticiable political question? [read post]
4 Aug 2016, 1:49 pm
Both Mark Graber and Gerard Magliocca make important points. [read post]
27 Nov 2016, 4:00 am
Another popular entry was a faux book review written by Mark Graber of Samuel Blatchford: Not an Ordinary Justice. [read post]
12 Jun 2019, 6:30 am
Mark Graber notes that in my description of the emerging Democratic coalition, organized labor doesn't seem to be all that important. [read post]
22 Dec 2012, 9:57 am
Kim Wardlaw The Chief was spot on the mark when he dissented in Alba-Flores. [read post]
11 Jan 2021, 1:33 pm
But it is a mistake to think the Supreme Court is the venue in which such issues are always resolved.As I was about to post this, I saw that a few minutes ago, Mark Graber posted a link to a characteristically thoughtful piece making exactly this point, and centering in particular the Reconstruction Republicans’ idea that it’s Congress who decides who has engaged in “insurrection”—and that Congress could take action now to make it clear that President… [read post]
16 Apr 2024, 4:00 am
As Professor Mark Graber recounts here, President Buchanan was tipped off by Justice Catron about the infamous Dred Scott opinion a few weeks before its scheduled release, and then the President pressured a northern justice to join the opinion along with the Southerners on the Court. [read post]
12 Jun 2020, 1:43 pm
I anticipate that a forthcoming work by Mark Graber will speak very directly to this problem. [read post]
21 Aug 2015, 12:54 pm
I want to elaborate some on Mark Graber's extraordinarily incisive and important post on why "constitutional theorists" are obsessed by, say, Obergefell and have almost literally nothing to say about Ferguson. [read post]
25 Jul 2011, 4:59 am
Joining me on the panel will be Mark Graber (Maryland), Carol Nackenoff (Swarthmore), and Keith Whittington (Princeton). [read post]
2 Jul 2007, 3:58 pm
Board of Education"; and Mark Graber has these thoughts on "the constitutionalization of ... [read post]
3 Mar 2009, 8:13 am
My friend (and fellow Balkinization contributor) Mark Graber often asserts the attractiveness of the Madisonian version of what political scientist Arend Lipjhart has called "consocialitionalism," i.e., the organization of the polity to make sure that it take more than a simple majority to rule. [read post]
26 Mar 2008, 9:41 pm
*Jack's Balkinization co-blogger Mark Graber notes correctly that in my earlier post I was referring only to law professors who have advanced the views I am defending here. [read post]
6 Sep 2022, 1:36 pm
Making use in part of my casebook co-author Mark Graber's historical research, the judge concluded that Section Three's language regarding insurrection and those who engaged in it had a fairly broad meaning in the nineteenth century. [read post]
