Archive | Constitutional History
The Framers Gave Congress a Robust List of Powers; They Did Not Provide That These Legislative Powers Can Be Increased By Treaty
By Nick Rosenkranz on January 16, 2013 8:57 am in Constitutional History, Constitutional Law, Treaties
Does Congress have the Power to Enforce Treaties? Part I
By Prof. Rick Pildes (NYU), guest-blogging on January 14, 2013 6:58 am in Constitutional History, Constitutional Law, Constitutional Theory, International Law, Treaties
Why Louis Michael Seidman should not ignore the Constitution
What if Robert Bork Had Been Nominated in 1986 Instead of Scalia?
Does any government have the legitimate power to ban medical marijuana?
By David Kopel on December 10, 2012 10:25 pm in Constitutional History, Constitutional Law, Constitutional Theory, Criminal Law, Growth of Government, Paternalism
The Significance of West Coast Hotel v. Parrish: Originalism vs. Living Constitutionalism?
By David Bernstein on October 10, 2012 3:48 pm in Constitutional History, Constitutional Law, Constitutional Theory, Rehabilitating Lochner
Louisiana amendment to strengthen right to arms, on November ballot
By David Kopel on October 3, 2012 7:04 pm in Constitutional Amendments, Constitutional History, Constitutional Law, Elections, Guns, Militia, Popular Constitutionalism, Right to carry, State Constitutional Law
What Did Clarence Thomas Actually Say About Whether African-Americans Were Part of “We the People” at the Time of the Founding?
Were African-Americans Part of “We the People” at the Time of the Founding?
The Heritage Foundation’s Guide to the Constitution
Quick Response to Amar
Amar on Lochner
By David Bernstein on September 12, 2012 3:04 pm in Constitutional History, Constitutional Law, Rehabilitating Lochner
Echoes of Robert Hale
By David Bernstein on September 4, 2012 5:00 pm in Constitutional History, Constitutional Law, Constitutional Theory, Rehabilitating Lochner
The Originalist Case for UT in the Fisher Case Falls Short
By David Bernstein on August 21, 2012 10:34 pm in Affirmative Action, Constitutional History, Fisher v. University of Texas