Kavanaugh, Rahimi, and the Effort to Legitimate Originalism
Introduction United States v. Rahimi provides a new sign of whether the current Supreme Court’s conservative majority can be persuaded… Continue reading →
Constitutional Law
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Projecting the Past Into the Future of Constitutionalism: History, Atemporality, and American Society
The U.S. Supreme Court is increasingly asserting “history and tradition” as the standard to settle divisive constitutional debates on abortion,… Continue reading →
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The Original Meaning of Treaties
For nearly two centuries, all three branches of the federal government have thought that the original meaning of the Constitution’s… Continue reading →
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Ancillary Rights
Many constitutional rights would be useless if certain conduct ancillary to those rights was not also protected. The Second Amendment… Continue reading →
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Spirit
The Founders were not textualists. The letter of the law mattered quite a bit. But, as William Blackstone noted, interpretation… Continue reading →
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You Should See “The Other Person”: Redacted Codefendant Confessions in Light of Samia v. United States
Introduction The Confrontation Clause of the Sixth Amendment guarantees that “[i]n all criminal prosecutions, the accused shall enjoy the right… Continue reading →
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Student Reputational Injury and the Speech First Cases
Is “fear to speak” a cognizable injury in fact under Article III of the U.S. Constitution? Modern standing doctrine provides… Continue reading →
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Presidential Disability and Mandatory Removal
Presidents often develop physical and mental impairments during their tenure in the White House. While certain impairments have a neutral… Continue reading →
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Constitutional Theory and the Problem of Disagreement
For decades, constitutional theory has been haunted by the problem of disagreement: the reality that we are deeply divided on… Continue reading →
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Trump v. United States and the Separation of Powers
Introduction Trump v. United States is a blockbuster decision that has been reviled and celebrated by different quarters of American… Continue reading →