Campbell on Constitutional Rights Before Realism

Jud Campbell, University of Richmond School of Law, has posted Constitutional Rights Before Realism, which appears in the University of Illinois Law Review 2020: 1433-1454:Stephen J. Field (LC)This Essay excavates a forgotten way of thinking about the relationship between state and federal constitutional...

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Likhovski on Constitutional Duties in Israel

Assaf Likhovski, Tel Aviv University Buchmann Faculty of Law, has posted The Rise and Demise of Constitutional Duties in Israel, which is forthcoming in the American Journal of Legal History:In many constitutions, constitutional duties appear alongside constitutional rights. However, the history of...

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A Symposium on Sullivan's "Church State Corporation"

The symposium Secularism, religion, and the public sphere has recently concluded over at The Immanent Frame, the blog of the Social Science Research Council.  It is devoted to Church State Corporation: Construing Religion in US Law (University of Chicago Press, 2020), by Winnifred Fallers Sullivan,...

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Harrison on the Delegation Problem

John C. Harrison, University of Virginia School of Law, has posted Executive Discretion in Administering the Government's Rights and the Delegation Problem:Governments regulate private conduct. They also exercise rights of ownership and contract that are like those of private people. From the founding to today, executive officials have exercised substantial policy discretion in managing the government's...

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Hamburger on Delegation and the Vesting Clauses

Philip Hamburger, Columbia Law School, has posted Delegating or Divesting? on the website of the Northwestern University Law Review:A gratifying feature of recent scholarship on administrative power is the resurgence of interest in the Founding. Even the defenders of administrative power hark back to the Constitution’s early history—most frequently to justify delegations of legislative power. But...

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Losano on War Prohibitions in Postwar Constitutions of Japan, Italy and Germany

The Max Planck Institute for European Legal History announces a new publication, Three constitutions against war: Japan, Italy, Germany, by Mario G. Losano.  It is Volume 14 of the Open Access series Global Perspectives on Legal History:The three defeated powers from the Second World War incorporated...

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Bowie on the Constitutional Right to Self-Government

 Nikolas Bowie, Harvard Law School, has posted The Constitutional Right of Local Self-Government, which is forthcoming in the Yale Law Journal:The Assembly Clause is the ugly duckling of the First Amendment. Brooding in the shadow of the heralded Free Speech Clause and the venerated Religion Clauses, the Assembly Clause has been described even by its advocates as “forgotten,” a “historical footnote...

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Ramsey on Originalism and Birthright Citizenship

Michael D. Ramsey, University of San Diego School of Law, has posted Originalism and Birthright Citizenship, which is forthcoming in volume 109 of the Georgetown Law Journal:The first sentence of the Fourteenth Amendment provides: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This...

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Parrillo on Delegated Rulemaking and Federal Taxation in the 1790s

Nicholas R. Parrillo, Yale Law School, has posted A Critical Assessment of the Originalist Case Against Administrative Regulatory Power: New Evidence from the Federal Tax on Private Real Estate in the 1790s, which is forthcoming in volume 121 of the Yale Law Journal (2021):The Supreme Court is poised...

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