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 […]
Archive | Constitutional Law
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 […]
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 […]
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 […]
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 […]
Would a US Military Intervention in Syria be Constitutional?
The US and its allies are considering a military intervention in Syria in response to the Assad regime’s use of chemical weapons against civilians. If President Obama decides to go in, it will likely be without congressional authorization. Such a step would create serious constitutional problems similar to those arising from the intervention in Libya […]
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
In her latest rejoinder in our debate about “judicial activism,” Prof. Suzanna Sherry helpfully clarifies her view on what qualifies as a “universally condemned” Supreme Court decision. This is important, because Sherry claims that we have more reason to fear excessive judicial passivity than excessive “activism” (which she defines as striking down laws or official […]
Sherry (again) on Somin and Kerr
By Prof. Suzanna Sherry (Vanderbilt), guest-blogging on August 25, 2013 4:15 pm in Constitutional Law, Judicial Power, Supreme Court
I don’t know how Ilya and Orin and other bloggers do it. Like me, they have day jobs, but they seem to find time to write multiple careful and thoughtful posts! The press of other work means that this will probably be my last post, so I’ll try to be concise and complete. I thank […]
New Mexico Photographer Loses Discrimination Case
By Dale Carpenter on August 22, 2013 5:16 pm in Constitutional Law, Freedom of Speech, Religion and the Law, Sexual Orientation
In Elane Photography v. Willock, the New Mexico state supreme court has decided to reject a professional photographer’s statutory and constitutional claims that she could not be required to photograph a lesbian couple’s commitment ceremony. Filed under a state law barring discrimination based on sexual orientation in “public accommodations” (which nowadays is often defined to include […]
A Response to Kerr and Somin on Sherry
By Prof. Suzanna Sherry (Vanderbilt), guest-blogging on August 22, 2013 9:55 am in Constitutional Law, Judicial Power, Supreme Court
Orin Kerr and Ilya Somin have posted thoughtful responses to my essay, Why We Need More Judicial Activism, on which the Green Bag recently published a micro-symposium. Orin’s and Ilya’s posts deserve what I hope will be an equally thoughtful reply, and I thank Eugene Volokh for allowing me to post this reply as a […]
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 […]