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The Latest Breaking News from Joseph Story

No Second Amendment Right to Export Guns (Including to Haiti)

"John Adams, Oliver Ellsworth, Rufus King, Albert Gallatin, Robert Morris, James Monroe, Joseph Story, Jonathan Trumbull, James Madison, Henry Clay, [and] John Quincy Adams ... knew a thing or two about the Constitution."

Reason

If Judge Ross's "Improper Sexual Activity" "Greatly Damage[s] [Her] Credibility as a Judge," Does That Satisfy the Standard for Impeachment?

Another guest post from Professor Arthur Hellman.

Reason

Amicus Brief in Suncor Energy on the Foreign Commerce Clause and Climate Change Lawsuits

As I noted in a separate post, the legal advocacy group Neutral Principles engaged Erik Jaffe and me to draft… The post Amicus Brief in Suncor Energy on the Foreign Commerce Clause and Climate Change Lawsuits appeared first on Reason.com.

Reason

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Does The Miscellaneous Receipts Act Apply To The President?

Under the clear statement rule, it likely will not.

Reason

The Jealous Mistress, vol. 1

From vol. 1, number 2 of The Jealous Mistress, a periodical briefly published starting in 1925 by the Colorado Bar… The post The Jealous Mistress, vol. 1 appeared first on Reason.com.

Reason

Chancellor James Kent on Hamilton's Federalist No. 77 and Modern Academic Commentary

A guest post from Professor Seth Barrett Tillman.

Reason

Stephen Miller is wrong: the president can’t just suspend habeas corpus

The constitution – and our history – make it clear: the suspension of this essential right is the prerogative of Congress

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The Domicile Dead-End

Evan Bernick's third in a series of guest-blogging posts on birthright citizenship.

Reason

What America’s history can teach us about debates on religious freedom and its importance for democracy

Supporters of both major U.S. political parties tend to claim their presidential candidate is the “real” Christian or the “better” Christian or just the “true” Christian.

The Conversation

The Three Trump Appointees In Rahimi

Justices Gorsuch, Kavanaugh, and Barrett are fracturing over originalism.

Reason

A Response to Professor John Mikhail on "Officers of the United States"—Part II

The issues, arguments, and evidence raised by Mikhail have already been addressed by extant scholarship, including our scholarship. Mikhail’s arguments and evidence were not “ignored or overlooked.”

Reason

A Reply To Sam Bray: The Drafting History of the Impeachment Clause

Our position is consistent with the "legal drafting culture" at the Constitutional Convention.

Reason

Section Three and the "First Insurrection" … That Wasn't

[Prof. Kurt Lash (Richmond), who is a leading legal historian of the Fourteenth Amendment, was kind enough to pass along this response to an amicus brief by Profs. Akhil Reed Amar (Yale) and Vikram David Amar (Illinois) in Trump v. Anderson, and I'm delighted to have it published here. As…

Reason

The D.C. Circuit Mulls Trump's Alarmingly Broad Claim of Presidential Immunity From Prosecution

His lawyers say no jury can ever consider charges based on his "official acts" as president, which include his efforts to reverse Joe Biden's election.

Reason

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Salon

Were the Confederates right? Spoiler: no

Peter Radan argues the South had every right to bust up the "slaveholders' union." Intriguing! But not convincing

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