Author Archive | Kurt Lash, guest-blogging

Jack Balkin’s Response to My Article on Resolution VI

I am glad to report that Jack Balkin has posted an extended response to my new article on Resolution VI. His doing so allows me to both clarify my arguments and our points of disagreement. Jack’s scholarship on constitutional theory and history is deep and profound, and Jack himself is a warm and gregarious colleague. […]

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The Framers’ Intent in Cases Involving the National Interest Where the States are “Separately Incompetent”

This is the second in a series of guest-posts on my new article, “Resolution VI”: The Virginia Plan and Authority to Resolve Collective Action Problems Under Article I, Section 8 and recent efforts to use Resolution VI as a foundational principle for construing federal power under Article I, Section 8. As amended and originally adopted […]

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