The Constitution Isn’t Silly Putty, Even Though They Treat it that Way

I loved playing with Silly Putty when I was a kid. My favorite Silly Putty activity involved pressing it onto newsprint. The putty would pick up whatever was underneath – creating a mirror image. I thought it was a hoot to press it on the Sunday comics and get a copy of Snoopy or Beetle Baily. Then I would pull the edges of the Silly Putty and distort the picture into all kinds of weird contortions.

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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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