Tradition. It’s the talk of the town — especially in originalist circles. But what role should it play in constitutional argument? Even fellow originalists...
Response to Community Financial Services and the Intramural Debate over Novelty and Tradition
My colleague, Thomas E. Nielsen, just published a thought-provoking post detailing some of the methodological approaches at play in CFPB v. Community Financial Services...
On May 16th, the Supreme Court handed down CFPB v. Community Financial Services Association of America, rejecting the Fifth Circuit’s conclusion that the CFPB’s...
Vol. 137 No. 4 Renunciation of U.S. citizenship is no trivial act. For most, it requires leaving the country, appearing before a consular or diplomatic officer, signing an...
Vol. 136 No. 5 Natural law “still spooks many constitutional lawyers.” Justice Scalia, for example, was once asked: “Does natural law have a place in interpreting the Constitution?”...
Vol. 136 No. 3 In Common Good Constitutionalism, Professor Adrian Vermeule expounds a constitutional vision that might “direct persons, associations, and society generally toward the common good.” The...