“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
As noted in my opening post in this series, earlier this month Professor Jed Shugerman sharply criticized originalist executive power scholars, and particularly a brief submitted to the Supreme Court by originalist scholars in Seila Law v. CFPB. One key point of...
Earlier this month Professor Jed Shugerman, in a series of blog posts and a short article, sharply criticized originalist executive power scholars, and particularly a brief submitted to the Supreme Court in Seila Law v. CFPB. (See here [Originalism Blog...
This is my second post looking at the constitutional aspects of the recently announced international agreement on a global minimum corporate tax (the first post is here). The first post concluded that the “agreement” in its current form (actually labeled...
Earlier I posted (here and here) some general thoughts about the idea of a global minimum corporate tax. Some objections have been raised to its constitutionality (see here from the Wall Street Journal editors). Having taken a closer look at the agreement (such as...
My co-bloggers have made powerful arguments for (Mike Rappaport, John Vlahoplus) and against (Andrew Hyman, David Weisberg) Congress’ power to impeach and try former officers. This post restates and expands the textualist/originalist case against...