[h/t Aaron Bludworth]
Would we have elected Lincoln or Washington, today?
Today we celebrate President’s Day in honor of, ostensibly at its roots, the birthdays of George Washington (February 22) and Abraham Lincoln (February 12). Would either have been elected if they were on the ballot today? One was part of the 1%, the other trod on the constitution…would they have survived any primary process, today? [cont…]
Chamber of Commerce v. Whiting before the Supremes
Remember this one? This case deals with series of laws passed in Arizona in response to the failure of the federal government to enforce federal immigration laws. As summarized by the ACLU in September: As part of a comprehensive overhaul of the immigration laws, Congress adopted a series of carefully calibrated measures, beginning in the […]
“Don’t create a passive President”: Looking at “Signing Unconstitutional Laws” by William Baude (part 3, Conclusion)
Part three of my look at William Baude’s “Signing Unconstitutional Laws” (86 Ind. L. J. (forthcoming 2011))… today we are looking at the risks associated with signing unconstitutional laws. What are the risks? Even if, enlightened as he may be, the President signs the law with no intention of acting or executing it, there is […]
Looking at “Signing Unconstitutional Laws” by William Baude (part 2)
Continuing my look at William Baude’s “Signing Unconstitutional Laws” (86 Ind. L. J. (forthcoming 2011))… We had just finished look at the summation of why Baude did not believe the act of signing unconstitutional laws was in itself unconstitutional. In reviewing the arguments of those opposed to signing such laws, Baude states that the reasons […]
Looking at “Signing Unconstitutional Laws” by William Baude (part 1)
What I’m reading right now, continued: William Baude “Signing Unconstitutional Laws” 86 Ind. L. J. (forthcoming 2011). Recently, I’ve heard a lot of talk, primarily from the Tea Party wing of the political right, about how law makers should not pass into law legislation that is unconstitutional. I know of at least one candidate who made […]



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