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24 Jul 2024, 6:30 am by Guest Blogger
Those currently ransacking early U.S. constitutional history for evidence of deeply rooted historical traditions might stop and reflect on how the people of that distant past—the people who wrote the laws, issued the legal decisions, and generated the constitutional arguments currently being used to guide modern constitutional law—themselves felt the weight of history. [read post]
18 Jul 2024, 9:14 am by Guest Author
Reflecting this same outlook, the Supreme Court held in 1838 in Kendall v. [read post]
17 Jul 2024, 1:56 pm by Michael C. Dorf
It is the same argument as Justice Clarence Thomas sketched in his concurrence in the Trump Immunity Case.However, Thomas and Cannon were not writing on anything resembling a blank slate. [read post]
16 Jul 2024, 6:06 am by Jeff Welty
The leading case seems to be Maryland Shall Issue v. [read post]