The Constitutionality of the Iran Nuclear Deal (Again)
With the impending revival of the nuclear agreement with Iran, I thought it might be useful to repost my (short!) article on nonbinding agreements, which among other things examines the constitutionality of the original 2015 deal. Core conclusion: if the agreement...
Mr. Madison’s War on the General Welfare Clause?
David S. Schwartz (University of Wisconsin Law School) has posted Mr. Madison’s War on the General Welfare Clause (57 pages) on SSRN. Here is the abstract: The General Welfare Clause of Article I, section 8, clause 1 of the Constitution (“Clause...
Lawrence Solum on Constitutional Principles
At Legal Theory Blog, Legal Theory Lexicon: Principles in Constitutional Theory. From the introduction: When studying constitutional law, students are likely to be exposed to the idea that interpretation of the United States Constitution may include reference to what...