I agree with Ilya that DOJ’s new marijuana federalism memo leaves a lot to be desired, but there was point in it that I was pleased (and surprised) to see. The 2011 Cole memo about medical marijuana spoke very disparagingly about large, profitable operations: The Department’s view of the efficient use of limited federal resources […]
Archive | August, 2013
Originalism and the Constitutionality of Military Intervention in Syria
By Ilya Somin on August 29, 2013 6:58 pm in Constitutional History, Constitutional Law, Originalism, War and Armed Conflict
At the Originalism Blog, Prof. Michael Ramsey, a leading academic expert on constitutional war powers, has an excellent post on the implications of the original meaning for the constitutionality of an attack on Syria without congressional authorization (quoting, in part, from a 2011 post he wrote during the debate over the Libya conflict): Every major […]
British Parliament Votes Against Military Intervention in Syria
British Prime Minister David Cameron recently lost a vote in the House of Commons that would have authorized British participation in a military strike on Syria: British MPs have voted to reject possible military action against the Assad regime in Syria to deter the use of chemical weapons. A government motion was defeated by 285 […]
What Kind of a Theory is Originalism?
Mike Rappaport has an interesting post about how to justify originalism. In particular, Rappaport writes about what kind of a theory originalism is. Is it a “normative” theory (what kind of theory would produce good policy), an “interpretive” theory (what kind of theory actually assesses the meaning of the document) or what I’d called a […]
Ninth Circuit Upholds “Gay Conversion” Ban
By Dale Carpenter on August 29, 2013 5:15 pm in Constitutional Law, Freedom of Speech, Sexual Orientation
A unanimous panel of the Ninth Circuit has upheld California’s ban on efforts by licensed mental health professionals to change the sexual orientation of minors, a practice often called gay conversion therapy because it’s sought by parents anxious to make their gay kids straight. The opinion in Pickup v. Brown was written by Judge Susan Graber and […]
IRS Will Recongize Same-Sex Marriages Regardless of Where Couples Reside
Today the Treasury department announced that it will recognize all same-sex marriages valid in the “place of celebration” regardless of where the couple now lives. This is particularly noteworthy because it seems like a policy change. It had generally been thought that the IRS deals with other questions of marital validity by looking to residence. […]
Justice Department Finally Announces its Response to the Legalization of Marijuana in Colorado and Washington
Understandably overshadowed by the debate over a possible US military intervention in Syria is the Justice Department’s long-awaited announcement of its response to the legalization of marijuana in Colorado and Washington. Criminal law experts, legalization advocates, and others have long wanted to know whether and to what extent the DOJ intends to continue federal marijuana […]
John Taylor On Preserving the Rule of Law in Times of Crisis
John Taylor of the Hoover Institution has a short post linking to an interview and his new book on rules-based economic policy. One of his 5 principles is the importance of preserving the rule of law in times of crisis, with some kind words for my article on that theme. Click through to the interview, […]
Many Members of Congress Call on Obama to Seek Advance Authorization for Military Intervention in Syria
Over 100 members of Congress have signed a letter to the President stating that the Constitution requires him to seek congressional authorization for any military intervention in Syria: More than 100 lawmakers, including 18 Democrats, have signed a letter that says President Obama would violate the Constitution by striking Syria without first getting authorization from […]
Jack Goldsmith on the Constitutionality of Military Intervention in Syria
Harvard law professor Jack Goldsmith has an excellent Lawfare post on the constitutionality of a US intervention in Syria undertaken without congressional authorization. While I disagreed with Goldsmith’s position on the Libya intervention two years ago, I think he is mostly right on here: I have a pretty broad view of presidential power to use […]
EPA Fares Well in D.C. Circuit
By Jonathan H. Adler on August 28, 2013 8:16 pm in Administrative Law, Environment, Judicial Nominations
As I noted here, some progressives argue that the U.S. Court of Appeals for the D.C. Circuit is engaged in a “judicial jihad against the regulatory state,” environmental regulations in particular. It seems someone forgot to tell the judges on the D.C. Circuit, for as Greenwire reports, the Environmental Protection Agency fares rather well in a […]
Is Martin Luther King’s Dream Unconstitutional?
By Nick Rosenkranz on August 28, 2013 3:11 pm in Affirmative Action, Constitutional Law, Equal Protection
Fifty years ago today, Martin Luther King, Jr., spoke these immortal words: “I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.” He would have been mystified, one imagines, by […]
Democratic Members of Congress Press Holder for Answers on Use of NSA Surveillance Data in the War on Drugs
Eight Democratic members of Congress are pushing Attorney General Eric Holder to answer questions about the use of NSA surveillance data in the War on Drugs: Eight Democratic senators and congressmen have asked Attorney General Eric Holder to answer questions about a Reuters report that the National Security Agency supplies the Drug Enforcement Administration with […]
Lincoln on the Rule of Law
In response to my recent Wall Street Journal op-ed, David Whittington writes in to the Journal with a nice Lincoln quote from 1838: “As the patriots of seventy-six did to the support of the Declaration of Independence, so to the support of the Constitution and laws, let every American pledge his life, his property and […]
When Do We Care If Presidents Break “The Law”?
Ilya’s post about the unconstitutionality of a military intervention in Syria and Jack Goldsmith’s post about the problem under international law prompted me to wonder: Should we feel the same way about Presidential violations of domestic and international law, or are the two kinds of law morally different? Obviously different people can have different intuitions […]