Professor Victor Williams and I will debate at the Cato Institute tomorrow. Information here, and live video, Friday at noon, here.
Author Archive | Nick Rosenkranz
Senator Ted Cruz: Limits On The Treaty Power
By Nick Rosenkranz on January 8, 2014 11:29 pm in Constitutional Law, Federalism, Tenth Amendment, Treaties
Senator Ted Cruz has an excellent essay in the Harvard Law Review Forum entitled Limits on the Treaty Power. Here is a taste: The Necessary and Proper Clause does not give Congress power to implement treaties in a way that contravenes the structural limitations on the federal government’s powers …. The President should not be […]
Radiolab: Sex, Ducks, and The Founding Feud
Radiolab just did a nice segment about Bond v. United States, locating the treaty issue within the larger context of sovereignty and federalism. John Bellinger, Joseph Ellis, Duncan Hollis, and I make appearances. Audio here.
House Judiciary Committee Hearing: Take Care Clause
On Tuesday morning at 10:00am, the House Judiciary Committee will hold a hearing about the President’s constitutional duty “to take Care that the Laws be faithfully executed.” Michael Cannon, Simon Lazarus, Jonathan Turley, and I will testify. Video here and possibly on C-SPAN. UPDATE: I will be discussing this with Greta on Fox News, Tuesday, […]
Does The Treaty Power Threaten Our System of Limited Government?
By Nick Rosenkranz on October 29, 2013 3:27 pm in Constitutional Law, Federalism, Tenth Amendment, Treaties
Senator Ted Cruz and I will discuss. Heritage Foundation, Wednesday, October 30th, 11:00am. Details here. Video via Heritage and possibly C-SPAN.
James Madison Anticipates the Possibility of Government Shutdown–and Predicts that the House of Representatives Can and Should Prevail
The House of Representatives cannot only refuse, but they alone can propose, the supplies requisite for the support of government. They, in a word, hold the purse that powerful instrument by which we behold, in the history of the British Constitution, an infant and humble representation of the people gradually enlarging the sphere of its […]
The New York Times Loves Arguendo
By Nick Rosenkranz on September 25, 2013 9:32 am in Constitutional Law, First Amendment, Freedom of Speech
A few weeks ago, I posted about Arguendo, a new show by Elevator Repair Service Theater (ERS), which opened last night at the Public Theater in New York City. Arguendo is a sort of topsy-turvy dramatization of the oral argument in Barnes v. Glen Theatre, an important Supreme Court case about nude dancing and the […]
Former Solicitor General Seth Waxman to Participate in Elevator Repair Service Theater Benefit
By Nick Rosenkranz on September 5, 2013 12:26 am in Constitutional Law, First Amendment, Freedom of Speech
Last week, I posted about the excellent avant-garde theatre company Elevator Repair Service and the upcoming world-premiere of their new show, Arguendo, at the Public Theater in New York City. Arguendo is a dramatization of the oral argument of Barnes v. Glen Theatre, an important Supreme Court case about nude dancing and the First Amendment. […]
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 […]
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 […]
Elevator Repair Service Theater: Arguendo
By Nick Rosenkranz on August 27, 2013 8:05 pm in Constitutional Law, First Amendment, Freedom of Speech
Acclaimed avant-garde theatre company Elevator Repair Service (ERS) will soon present the world-premiere of their new show, Arguendo, at the Public Theater in New York City. Arguendo is a dramatization of the oral argument of Barnes v. Glen Theatre, an important Supreme Court case about nude dancing and the First Amendment. ERS has a following […]
SCOTUSblog: Questioning Congress’s Legislative Authority to Implement Treaties
By Nick Rosenkranz on August 21, 2013 1:42 pm in Constitutional Law, Federalism, Tenth Amendment, Treaties
The “Academic Highlight” over at SCOTUSblog features Bond v. United States and Executing the Treaty Power.
The Solicitor General’s Brief in Bond v. United States
By Nick Rosenkranz on August 20, 2013 9:42 pm in Constitutional Law, Federalism, Tenth Amendment, Treaties
Regular readers are familiar with Bond v. United States, the pending case that presents the question of whether, per Missouri v. Holland, a treaty can increase the legislative power of Congress. I posted about Paul Clement’s brief on behalf of Ms. Bond here, and I posted about my brief on behalf of the Cato Institute […]
Wall Street Journal Op-Ed: Two Presidents, Two Suspensions
By Nick Rosenkranz on August 17, 2013 8:48 am in Constitutional Law, Executive Branch, Habeas, Health Care, Obama, Presidency, Separation of Powers
My op-ed in today’s Wall Street Journal compares Obama’s suspension of the ObamaCare employer mandate with Lincoln’s suspension of the writ of habeas corpus. Both Presidents were constitutional lawyers; both Presidents unilaterally suspended the law; and both suspensions were constitutionally dubious. But what they did next could not have been more different. The op-ed is […]
Arms and Persons
Eugene Kontorovich has argued that the plural “Arms” in the Second Amendment implies a right to more than one gun per person. I argued that “Arms” had to be plural to match “the right of the People,” plural, and so the plural tells us nothing about number of guns per person. Eugene responds with a […]