Archive | Constitutional History
Jeremiah Black And The Wrecking of The Fourteenth Amendment
The Recess Appointments clause: Amicus brief on original meaning based on State practices
By David Kopel on December 15, 2013 7:19 pm in Constitutional History, Constitutional Law, Originalism, Presidency
New Book: Toward an American Conservatism: Constitutional Conservatism during the Progressive Era
Knives and the Second Amendment
By David Kopel on November 23, 2013 6:14 pm in Constitutional History, Constitutional Law, Criminal Law, History, Militia, Non-Firearms Arms, Right to carry, Self-Defense
Ian Millhiser on Conservatism and the Judiciary
Posner on Lochner (UPDATED: Posner versus Posner?)
By David Bernstein on November 6, 2013 8:25 am in Constitutional History, Constitutional Theory, Rehabilitating Lochner
Richard Posner on the Rise and Fall of Judicial Deference
More on African Americans Voting with Their Feet
By David Bernstein on October 28, 2013 1:45 pm in Constitutional History, Unions, Voting With Your Feet
Does the original meaning of the First Amendment protect a right of privacy in campaign contributions?
By David Kopel on October 21, 2013 10:55 pm in Anonymity, Constitutional History, Constitutional Law, First Amendment, Originalism, Restrictions on Campaign Contrbs. and Expenses
Why the Obamacare Case May not be “Settled Law”
By Ilya Somin on October 4, 2013 11:10 am in Constitutional History, Federalism, Health Care, Individual Mandate
Curious Cases at the Supreme Court
Brief Review of “The Great Dissent” by Thomas Healy (UPDATED)
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
Suzanna Sherry on “Universally Condemned” Supreme Court Decisions
By Ilya Somin on August 25, 2013 8:55 pm in Constitutional History, Constitutional Law, Constitutional Theory