National ‘Harmony’: An Inter-Branch Constitutional Principle and its Application to Diversity Jurisdiction

Jesse Cross (Independent) has posted National ‘Harmony’: An Inter-Branch Constitutional Principle and its Application to Diversity Jurisdiction (Nebraska Law Review, Vol. 93, p. 501, 2014, Forthcoming) on SSRN. Here is the abstract: Most constitutional interpretation continues, in the words of John Hart Ely, to be “clause-bound” in nature: it presumes that each constitutional clause can be studied…

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The Meaning of “Natural Born”: What if Blackstone Was Wrong?

In thinking about the phrase “natural born Citizen” in the Constitution’s eligibility clause, I have assumed (1) that it follows from the English law phrase “natural born subject” and (2) that “natural born subject” at minimum meant anyone born within sovereign territory (apart from children of invaders and diplomats).  The latter point seems clear from Blackstone, who says as much, quite clearly. 

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Can the House Sue the President (More Seriously this Time)?

I can accept, as an original matter, the general proposition that the “Case or Controversy” language means at minimum that everyone can’t sue everyone for everything. How modern standing law derives its particular intricacies from this basic proposition is a mystery to me. But that doesn’t matter in this case, which seems fundamentally about an abstract injury common to everyone.

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NLRB v. Noel Canning and Originalism

First, congratulations to co-blogger Mike Rappaport for having two of his articles cited multiple times in yesterday’s recess appointments decision, NLRB v. Noel Canning. Second, my quick takeaway is that the case is a win for originalism.  True, the majority opinion (Breyer, writing for Kennedy, Ginsburg, Sotomayor and Kagan) is an ugly bit of non-originalism.  But…

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