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FORGOTTEN HISTORY: 2 | History Defined

Prof. Larry Lessig (Harvard) Criticizing the § 3 Disqualification Argument as to Trump

An excerpt from Lessig's article in Slate (read the whole piece for more), discussing the same issue that has been discussed on this blog by Profs. Ilya Somin, Steve Calabresi, Will Baude, and Michael McConnell (and see also Jonathan Adler's post citing Prof. Derek Muller): The provision of the 14th…

Reason · Sep 21, 2023

Professor Akhil Amar, On His Podcast, Responds to Attorney General Mukasey and the Tillman-Blackman Position

Section 3 civility outside and inside Yale Law School.

Reason · Sep 14, 2023

Professor Calabresi in WSJ: President Trump Can Not Be Disqualified

Professor Calabresi changes his mind based on Tillman's argument: the President is not an "Officer of the United States"

Reason · Sep 13, 2023

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Prof. Michael McConnell, Responding About the Fourteenth Amendment, "Insurrection," and Trump

"We must not forget that we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot, depriving voters of the ability to elect candidates of their choice. If abused, this is profoundly anti-democratic."

Reason · Aug 12, 2023

Short Circuit: A Roundup of Recent Federal Court Decisions

A rough ride, an injury in law, and sexy polygraphs.

Reason · Jul 14, 2023

Bruen, Originalism, and Post-Enactment Practice

What role should liquidation play in originalism?

Reason · Jun 27, 2022

Congratulations to Our Own Will Baude, Steve Sachs, and David Kopel on Their Bruen Cites

Will's Constitutional Liquidation was cited by the majority and by Justice Barrett's concurrence; his and Steve's Originalism and the Law of the Past was cited by the majority; and David's and Joseph Greenlee's The "Sensitive Places" Doctrine was cited by the majority as well. Nice!

Reason · Jun 24, 2022

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Originalists Don't "Hate America"

A reply to Professor Andrew Koppelman

Reason · May 20, 2022

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