August 11, 2026

“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 […]

Lawyers “enable other people to produce…”

Lawyers “enable other people to produce & to go on with their lives efficiently & in an atmosphere of freedom.” http://ow.ly/2gJxg

Justice Clarence Thomas: the Justice you’d want to hang with

I’ll make no secret of it–in my limited interactions with the illustrious members of the US Supreme Court, I’ve come to the conclusion that Justice Clarence Thomas would be the most enjoyable to hang out with.  At a Q&A with Chief Justice Roberts, when asked about working with the other justices of the Supreme Court, […]

A word on originalism, courts and legislatures

The Constitution, though it has an effect superior to other laws, is in its nature the sort of “law” that is the business of the courts…