Reason.tv Video: Goddess of the Market Author Jennifer Burns on Ayn Rand

Check out Reason.TV’s next installment of Ayn Rand’s, Radicals for Capitalism

I have an interview forthcoming with Anne C. Heller, author of Ayn Rand and the World She Made sometime next week.

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Symposium on Privileges or Immunities Clause, 11/13 at Georgetown Law

Check out this interesting panel at Georgetown Law next week. I will be attending the Federalist Society National Lawyers Convention, but may duck out to attend this fascinating panel. If I do, I will liveblog here.

WHAT: “A Vain and Idle Enactment: Could McDonald v. Chicago Un-Slaughter the Privileges or Immunities Clause?”
WHEN: Friday, November 13, 2009, 12:30 – 2:30 p.m.
WHERE: Georgetown University Law Center

 

McDonough Hall – Hart Auditorium

600 New Jersey Avenue, NW

Washington, D.C. 20001

PANELISTS: Alan Gura, Partner, Gura & Possessky, PLLC; Lead Counsel, District of Columbia v. Heller; Lead Counsel, McDonald v. Chicago; Georgetown Law Class of 1995

 

Randy Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center

Kurt Lash, James P. Bradley Chair of Constitutional Law, Loyola Law School; Author, The Origins of the Privileges or Immunities Clause (Georgetown Law Journal, forthcoming)

David Gans, Program Director, Constitutional Accountability Center; Author, The Gem of the Constitution: The Text and History of the Privileges or Immunities Clause of the Fourteenth Amendme

Military Spouse Residency Relief Act gives state citizenship to spouses, even if they do not live there

At PrawsBlawg, Professor Baude discusses the potential constitutional problems of the Military Spouse Residency Relief Act:

Congress has passed a bill that would allow those married to members of the military to assert that they are residents of the same state as their spouse, regardless of the state they actually reside in.  The first thing I found myself wondering is how this interacts with the Fourteenth Amendment’s residency clause, which provides, that U.S. Citizens are “citizens . . . of the state wherein they reside.”  Presumably Congress lacks the power to change this clause, and allowing it to redefine the meaning of the word “reside” would allow it to do so.

The second thing I found myself wondering is what enumerated power allowed Congress to do this anyway.  Its power to enforce the Fourteenth Amendment?  But Congress cannot “rewrite the Fourteenth amendment” in the guise of enforcing it.  Its power over the armed forces?  But military spouses– however difficult their lives may be– are not themselves members of the military, as the Court pointed out when holding that they could not be subjected to military justice.  The commerce power?  Only in the sense in which all interstate activity is interstate commerce, which would render the word “commerce” meaningless.

Would this bill fit into Section I of the Fourteenth Amendment? Could Congress claim this is part of their Section V enforcement power?