Works in Progress

Works In Progress:

  • Opening Pandora’s Box. The Privileges or Immunities Clause and the Constitution in 2020. Check out my musings on this point.
  • Does the Constitution have a geography clause? Why should liberty mean different things in different places.
  • The Journal Clause and Legislative History
  • Legal Fictions. Why do we accept them, and why is it good to be false?
  • Regulatory Czars and the Appointment Clause.
  • Rethinking Footnote Four for the 21st Century.
  • The Law of Twitter. Law 2.0 for Web 2.0. Check out my musings on this point.
  • What does “Constitutional” Mean? Is it Constitution or Ought it Be Constitutional?
  • National Consensus and Constitutionality. Does the Constitution Change if Everyone Agrees?
  • Why the rational basis test is not a test at all, but an abstention doctrine. (Alternative title- Drop the charade. Rational basis test as a political question) Check out my musings on this point.
  • Analogizing Legislative History to Statements made during Oral Arguments by the Justices. Check out my musings on this point.
  • Are Members of SCOTUS Judges or Justices? Both text of Constitution and early cases use both terms. Check out my musings on this point.
  • Does the Constitution have a Geography Clause? Why do rights mean different things in different placing. Check out my musings on this point.
  • How does the Supreme Court Sniff out Purpose?  Protectionist Purposes, Invidious Purposes, and Religious Purposes.
  • Selective Originalism. Why do Originalists Pick and Choose When to be Original? Check out my thoughts here.
  • Original Crime. What was a Federal Crime in 1789? Check out my thoughts here.
  • De jure v. De facto. The Supreme Courts New Constitutional Distinction Du Jure
  • Power Over The Purse And The Sword. Can Congress Limit the President’s Foreign Policy Through the Foreign Commerce Clause
  • A Failure of Textualism. What happens when Congress no longer reads the Bills it Enacts?
  • When the Supreme Court appoints Counsel to Argue a Case. Why isn’t the case moot?
  • Thank you for being my friend. The role of amicus briefs at the Supreme Court.
  • Omniveillance Reloaded. The Right to your Digital Identity int he National Surveillance State
  • And many more to be posted in due time.
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2 Responses to “Works in Progress”

  1. Is Internet Obscenity Based On National or Community Standards? 9th Circuit Thinks National, and Constitution Does Not Have Geography Clause. « Josh Blackman's Blog Says:

    […] Works in Progress […]

  2. Is the Pay Czar Unconstitutional? Professor McConnell says Yes! « Josh Blackman's Blog Says:

    […] Works in Progress […]


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