Originalism and Pres. Trump’s Travel Ban
In this post and a second one, I will consider originalist approaches to the constitutionality of the President’s ban on travel to the U.S. by citizens of seven foreign nations. The first step (which I will address in this post) is to find a constitutional...
Constitutional Issues in the Iran Deal
Is the deal announced yesterday with Iran unconstitutional? In a word: probably. Here is my assessment. To begin, the Constitution’s text provides the way to make major international agreements – through supermajority approval in the Senate, as set forth in Article...
The Necessary and Proper Clauses
John Mikhail (Georgetown University Law Center) has posted The Necessary and Proper Clauses (Georgetown Law Journal, Vol. 102, No. 4, 2014) on SSRN. Here is the abstract: The Article’s main purpose is to provide a new and more accurate account of the origins of...