John Marshall, Living Constitutionalist
At the originalism blog, Mike Ramsey has a number of thoughtful posts on the Arizona immigration case and its central preemption question. His April 24 post rejects the contention that Arizona’s law is...
View ArticleMarshall, Thomas, Text, and Preemption: Take III
John Marshall’s opinion in Gibbons v. Ogden, I argued in an earlier post, is manifestly inconsistent with Justice Thomas’s textualist-originalist concurrence in Wyeth v. Levine. Only one of the...
View ArticleThe Power to Declare War in Syria
I was please to hear that President Obama will be seeking congressional authorization to take action against Syria, even though his announcement is accompanied by the claim that he believes he already...
View ArticleFederalism and the Treaty Power: A Response to Mike Ramsey
In a prior post, I defended Justice Thomas’s position in Bond that treaties can only extend to matters involving intercourse with other nations. Mike Ramsey, who unlike myself is an expert regarding...
View ArticleDeclare War Against ISIL and Treat Its Adherents as Enemy Combatants
I hope the Republican Congress will take up the President’s proposal on Monday night to declare war on ISIL, or Islamic State (IS). As discussed by Ilya Somin and Mike Ramsey, the better constitutional...
View ArticleThe Power to Declare War in Syria
I was please to hear that President Obama will be seeking congressional authorization to take action against Syria, even though his announcement is accompanied by the claim that he believes he already...
View ArticleFederalism and the Treaty Power: A Response to Mike Ramsey
In a prior post, I defended Justice Thomas’s position in Bond that treaties can only extend to matters involving intercourse with other nations. Mike Ramsey, who unlike myself is an expert regarding...
View ArticleDeclare War Against ISIL and Treat Its Adherents as Enemy Combatants
I hope the Republican Congress will take up the President’s proposal on Monday night to declare war on ISIL, or Islamic State (IS). As discussed by Ilya Somin and Mike Ramsey, the better constitutional...
View ArticleJohn Marshall, Living Constitutionalist
At the originalism blog, Mike Ramsey has a number of thoughtful posts on the Arizona immigration case and its central preemption question. His April 24 post rejects the contention that Arizona’s law is...
View ArticleMarshall, Thomas, Text, and Preemption: Take III
John Marshall’s opinion in Gibbons v. Ogden, I argued in an earlier post, is manifestly inconsistent with Justice Thomas’s textualist-originalist concurrence in Wyeth v. Levine. Only one of the...
View ArticleThe Power to Declare War in Syria
I was please to hear that President Obama will be seeking congressional authorization to take action against Syria, even though his announcement is accompanied by the claim that he believes he already...
View ArticleFederalism and the Treaty Power: A Response to Mike Ramsey
In a prior post, I defended Justice Thomas’s position in Bond that treaties can only extend to matters involving intercourse with other nations. Mike Ramsey, who unlike myself is an expert regarding...
View ArticleDeclare War Against ISIL and Treat Its Adherents as Enemy Combatants
I hope the Republican Congress will take up the President’s proposal on Monday night to declare war on ISIL, or Islamic State (IS). As discussed by Ilya Somin and Mike Ramsey, the better constitutional...
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