Andrew Coan & David Schwartz: Interpreting Ratification
Andrew Coan (University of Arizona, James E. Rogers College of Law) & David S. Schwartz (University of Wisconsin Law School) have posted Interpreting Ratification (1 J. Am. Con. Hist. 449 (2023)) (90 pages) on SSRN. Here is the abstract: For two centuries,...
Charles Pinckney and Moore v. Harper
Hansi Lo Wang has this interesting article for NPR: A controversial election theory at the Supreme Court is tied to a disputed document. From the introduction: In their bid to promote a once-fringe legal theory that could upend election laws across the country,...
Another Shot at the Insular Cases
Concurring in United States v. Vaello Madero last Spring, Justice Gorsuch on originalist grounds called for overruling the Insular Cases, the series of early twentieth-century decisions that concluded the Constitution doesn’t fully apply in overseas U.S....