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The Collective-Action Constitution and the Community of Legal Scholars

14 Sep 2024, 8:30 am by Neil Siegel

Maryland, 17 U.S. 316 (1819), that (1) Congress may create a national bank, thereby facilitating the solution of multi-state collective-action problems; and (2) states may not tax it, thereby preventing states from interfering with those solutions or creating collective-action problems. [read post]

Balkinization - http://balkin.blogspot.com/

[David Kopel] How Some Courts are Evading Bruen by Changing its Rules

4 Sep 2024, 2:07 pm by David Kopel

Cooley, General Principles of Constitutional Law 271 (2d ed. 1891) (discussing the implicit right to train with weapons)); United States v. [read post]

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

Judge States as They Do, Not as They Say: Why the Eighth Circuit’s Invalidation of Missouri’s “Second Amendment Preservation Act,” While Possibly Correct as to Result, Was Premised on Inadequate Reasoning

4 Sep 2024, 8:14 am by Vikram David Amar

United States), a “State may constitutionally withdraw the authority of state officers to enforce federal law. [read post]

Verdict - http://verdict.justia.com/

Case Summaries: Fourth Circuit Court of Appeals (July 2024)

20 Aug 2024, 7:58 am by Phil Dixon

Cases of potential interest to state practitioners are summarized monthly. [read post]

North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/

Both Descendants and Ancestors: A Response to the Contributors

15 Aug 2024, 6:00 am by Guest Blogger

The book argues that the binary state-versus-federal-government model that is today taken to be the essence of American federalism does not correspond to the legal or political reality of the United States in the early nineteenth century. [read post]

Balkinization - http://balkin.blogspot.com/

“Interbellum” versus “Antebellum,” or the Perils of Periodization

3 Aug 2024, 6:30 am by Guest Blogger

Did the Constitution create a national government by “the people of the United States,” or a confederative “compact” of the states (Passim, but especially chapters 1 and 5)? [read post]

Balkinization - http://balkin.blogspot.com/

Case Summaries: Fourth Circuit Court of Appeals (June 2024)

24 Jul 2024, 6:26 am by Phil Dixon

United States v. [read post]

North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/

[Josh Blackman] Chief Justice Roberts, A Friend of the Constitution

4 Jul 2024, 1:41 pm by Josh Blackman

Presidential immunity should be assessed along similar lines as the constitutionality of the Bank of the United States. [read post]

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

[Neil Siegel] Constitutional Interpretation in The Collective-Action Constitution

5 Jun 2024, 7:30 am by Neil Siegel

Jefferson Powell has written, however, Marshall's approach has always been "the constitutional mainstream" in the United States. [read post]

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

[Neil Siegel] The Collective-Action Constitution: A Brief History of an Idea

4 Jun 2024, 7:30 am by Neil Siegel

One example is United States v. [read post]

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

[Josh Blackman] CFPB v. CFSAA: Originalists v. Traditionalists

17 May 2024, 12:29 pm by Josh Blackman

I am doubtful that Justice Barrett would have joined United States v. [read post]

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

Climate Change in Colorado: Part 2 – Federal Agency Initiatives

10 May 2024, 6:45 am by Evangelina Cantu

See NCAA v. [read post]

Spencer Fane Insights - https://www.spencerfane.com/insights/thought-leadership/

Davis Polk Discusses Rulings on Fed’s Denial of Master Accounts to Custodia and PayServices

15 Apr 2024, 9:01 pm by renholding

” The database was first published by the Federal Reserve Board in June 2023. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

National Small Business Association v. Janet Yellen, Case 5:22-cv-01448-LCB (NDAla, slip op. 1 March 2024): Corporate Transparency Act Unconstitutional Pending Appeal

4 Mar 2024, 5:56 pm

Pix credit here In a 53 page opinion, the United States District Court for Northern Alabama has ruled, in National Small Business Association v. [read post]

Law at the End of the Day - https://lcbackerblog.blogspot.com/

Trump v. Anderson, 601 U. S. ____ (2024): Text of Slip Opinion

4 Mar 2024, 12:47 pm

Reversing theDistrict Court’s operative holding, the majority concludedthat for purposes of Section 3, the Presidency is an officeunder the United States and the President is an officer ofthe United States. [read post]

Law at the End of the Day - https://lcbackerblog.blogspot.com/

A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of that Colorado Law Doesn’t Authorize

7 Feb 2024, 2:35 pm by Marty Lederman

Term Limits v. [read post]

Balkinization - http://balkin.blogspot.com/

A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of Appointment that Colorado Law Doesn’t Authorize

7 Feb 2024, 2:02 pm by Marty Lederman

Term Limits v. [read post]

Balkinization - http://balkin.blogspot.com/

[Sasha Volokh] Taxing Nudity: Discriminatory Taxes, Secondary Effects, and Tiers of Scrutiny—part 3 in a series

17 Oct 2023, 9:23 am by Sasha Volokh

" In Regan v. [read post]