I think it is not surprising that the leading current commentaries supporting the President — including the four mentioned above — focus on modern needs or on practice long after ratification. The founding-era meaning is clear and straightforward. Cecere’s weak attempt to show otherwise actually confirms it.Details
The Amendment can therefore claim no warrant to democratic legitimacy through original popular sovereignty. It was added to the Constitution despite its open failure to obtain the support of the necessary supermajority of the American people.Details
Congress had authority to build the interstate highway system. But the construction of other roads and of ground transportation facilities was reserved to the states. The debates over the Constitution’s ratification amply confirm these conclusions.Details
The major argument used by those that oppose Nullification is the Constitution’s supremacy clause.
But in fact, the arguments for the supremacy clause ARE the arguments for nullification.Details
while the article is most directly about Article VI and the ways federal interests should and should not trump state law, it is more broadly about how original meaning can be implemented in an area with significant non-originalist judicial precedents.Details
A Review of Timothy Sandefur’s The Conscience of the ConstitutionDetails
Historians and non-originalists argue that legal scholarship lacks the tools to identify original meaning. But that is, to a significant extent, because they misunderstand what originalist analysis seeks to do.Details
The Nov. 5 edition of Stars and Stripes reported that President Obama is considering renewed military assistance to Iraq.
After a White House meeting with Iraqi Prime Minister Nouri al-Maliki, Obama said he shares al-Maliki’s fears about militants’ growing foothold in Iraq’s western province and will join the Iraqi leader’s effort to crack down. Administration officials said this would include growing intelligence support and new weaponry.
the Recess Appointments Clause — which allows the President to “fill up all Vacancies that may happen during the Recess of the Senate” — only allows the President to fill vacancies that arise between the Senate’s sessions.Details
In sum, there are at least two ways the Court in Bond can accommodate federalism without undermining national foreign policy. It can construe ambiguous treaties not to reach purely local conduct. And it can require Congress to make a plausible showing that federal regulation of local conduct is needed to prevent material breach of treaty obligations. Either approach would allow Bond to win the case without undermining national treaty power.Details