Law


On Originalism and Textualism

On Originalism and Textualism

At Bloomberg, Noah Feldman:ย Scaliaโ€™s Ghost Is Haunting Conservative Justices.ย  From the introduction: Three conservative Supreme Court justices declared this month that the Constitution should be read to give state legislatures unlimited control of electoral...
Legal Theory Lexicon on Formalism and Instrumentalism

Legal Theory Lexicon on Formalism and Instrumentalism

At Larry Solum’s Legal Theory Lexicon:ย Formalism and Instrumentalism.ย  From the description of formalism: The core idea of formalism is that the law (constitutions, statutes, regulations, rules of procedure, and precedent) provide rules and that these rules can,...

Another Partisan Hack Abusing his Oath

Mississippi Agriculture Commissioner Andy Gipson says he doesn’t want to run a state medical marijuana program because he swore an oath to the Constitution and the feds say marijuana is illegal. But Andy’s oath doesn’t require him to lift a finger to...

Vaccine Mandates: What Are Ya Gonna Do About It?

A lot of people are angry and upset about the recently announced vaccine mandates. But the real question is what are you going to do about it? James Madison gave us the blueprint. And the numbers suggest his strategy will work. You do the math – without state...

No Actual Comandeering Necessary

A lot of people seem to think the feds force state and local cops to work with them to enforce federal laws. But there’s no actual comandeering necessary. Cooperation with the feds is almost always voluntary. States are partners with the feds on most federal...