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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Convention of 1787 Debates Scope of Presidential Veto Power

On August 15, 2014, Texas Governor Rick Perry was indicted by a Travis County grand jury for allegedly misusing the veto power granted to him by the state constitution. And on August 15, 1787, it was that very power — the power of the executive to negate acts of the legislature — that occupied the delegates’ time at the Constitutional Convention in Philadelphia.

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James Madison: Constitution’s Original Meaning Comes From the People

NOTE: In this letter to Thomas Ritchie on September 15, 1821, James Madison explains how to find the original meaning of the words in the Constitution. That is, through the understanding of those who gave it legal force in their respective state conventions. As a guide in expounding and applying the provisions of the Constitution,…

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Notes on the Commerce Clause: Madison at the 1787 Convention

CONVENTION OF 1787. Farrand, Max, ed. The Records of the Federal Convention of 1787.

The want of authy. in Congs. to regulate Commerce had produced in Foreign nations particularly G. B. a monopolizing policy injurious to the trade of the U. S. and destructive to their navigation; the imbecility and anticipated dissolution of the Confederacy extinguishg. all apprehensions of a Countervailing policy on the part of the U. States.

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