“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Can you imagine a modern president vetoing a bill that created a policy he supported simply because it was unconstitutional? It’s hard to imagine Barack Obama, Donald Trump, George Bush (either one), Bill Clinton, or any president past or present slapping down...
At USA Today, Glenn Reynolds: Ginsburg flap shows Supreme Court, justices are too important. From the introduction: Ruth Bader Ginsburg has died, and the country — or at least its political class — is descending into what will no doubt be a multi-week screaming...
At Dorf on Law, Michael C. Dorf & Martin S. Lederman: What is Nonoriginalism? A Response to Professor Ramsey’s Misunderstanding of our Analysis of the Natural Born Citizen Clause. From the introduction: Earlier this month, Chapman law professor John Eastman wrote...
Via Neil Siegel at Balkinization, 40 law professors have signed a letter concluding that Senator Kamala Harris is a natural born citizen and thus eligible for the presidency and the vice-presidency. The letter’s argument generally parallels my thoughts on the...
Apparently the law professors’ testimony in the impeachment hearings last week had a fair bit of originalist-oriented discussion. Michael Dorf and Saul Cornell have different views on whether that’s appropriate for (presumably) non-originalist scholars. ...
Last week I promised some thoughts on the exchange between Eric Segall and Larry Solum. Here they are. To oversimplify, Professor Solum argues that sometimes originalism requires interpreters to consider changed facts (or changed understandings of facts) in applying...