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What Does the Constitution Mean by a State Legislature?

What Does the Constitution Mean by a State Legislature?

by Michael Rappaport | May 7, 2021 | Constitution

The Constitution’s multiple references to “state legislatures” raise difficult and significant issues.  The main question is whether we can give a consistent answer to the meaning of this term across a large number of different constitutional clauses that both fits...
Is Court Packing Constitutional?

Is Court Packing Constitutional?

by Michael Rappaport | Nov 14, 2020 | Judiciary, Necessary and Proper Clause

One of the major issues in the run-up to the election was whether Democrats planned to follow-through on threats to pack the Supreme Court in response to President Trump’s appointment of three justices. As Republican control of the Senate appears more and more likely,...
Applying the Fourth Amendment’s Original Meaning to Cell Phones and Heat Sensors

Applying the Fourth Amendment’s Original Meaning to Cell Phones and Heat Sensors

by Michael Rappaport | Dec 30, 2019 | 4th Amendment

How should the Fourth Amendment’s original meaning be applied to modern technology that was not in existence at the time of the Amendment’s enactment? Many commentators believe this type of question problematic to answer. As Justice Alito quipped some years ago at...
Originalism, the Fourth Amendment, and New Technology

Originalism, the Fourth Amendment, and New Technology

by Michael Rappaport | Dec 12, 2019 | 4th Amendment, Court Cases

One of the important issues for originalism is whether it can be applied to new circumstances that were not envisioned at the time of the original Constitution. Perhaps this issue is encountered most often when considering the application of the Fourth Amendment to...
The Challenge of Naming the Modern Originalist Movement

The Challenge of Naming the Modern Originalist Movement

by Michael Rappaport | Oct 20, 2019 | Current Events

One sign of the success of an academic movement, like originalism, is that it becomes attractive enough to develop multiple theories that promote the movement in different ways. The existence of these different theories has advantages. The various theories provide...
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