As I've said elsewhere, this is the most judicially activist #SCOTUS in history. It has outright voided part of Art2§4 already, and neutered part of the 14th Amendment.
Everyone has this idea that they are textualists or originalists. But no originalist would have ignored #AlexanderHamilton's Federalist 69.
They're judicial activists, happy to be erroneously viewed by everyone as entirely the opposite.
There is a small crumb of comfort from the #ConstitutionalLaw perspective.
The U.S.A. constitution is currently on version 1.26.
The constitution of Eire is currently on version 2.38.
The French constitution is currently on version 5.25.
There's a piece of humourous computing folklore from the 1990s about not buying version 1 of anything. (-:
A Statement from #ConstitutionalLaw Scholars on the government's funding cutoff at #ColumbiaUniversity
— Eugene Volokh, Michael C. Dorf, David Cole, & 15 other scholars
The #USgovernment may not threaten #funding cuts as a tool to pressure recipients into suppressing #First #Amendment protected #speech.
#law #Constitution #CivilRights #FreeSpeech #RightToProtest #FreedomOfAssembly #ThoughtPolice #ViewPointDiscrimination #dissent
https://www.nybooks.com/online/2025/03/20/a-statement-from-constitutional-law-scholars-on-columbia/
Actually, the Founders got the idea from a quite perverse understanding of the way that the U.K. government worked in the early 18th century. The "separation of powers" came from Montesquieu's understanding of the way that the U.K. worked.
But it didn't work that way at the time, and we didn't in fact realize what (others thought that) Montesquieu thought that we had until 2005 when the Lord Chancellor was *finally* split into its legislative, judicial, and executive parts. Even now, we are still a monarchy and the "separate" powers still emanate from one person.
Moreover, the Founders did anticipate such things. They wrote about "tyrants" quite a lot, in fact. Remember the "refreshing the tree of liberty with the blood of patriots and tyrants" thing? That was old Tommy son of Jeff. There's lots of stuff from that time about mad tyrants (including George 3, who actually was mentally ill in some way) and preventing them.
A quick post on Dellinger v. Bessent, in which a District Court upheld the power of Congress to protect some federal employees by statute. This will shoot up to SCOTUS and might be an opportunity for it to revisit Humphrey’s Executor. The Court is poised to embrace an extreme version of the Unitary Executive theory, which would allow the President to terminate any federal employee, even those whom Congress tried to insulate from caprice.
#law #contracts #FederalWorkers #Litigation #ConstitutionalLaw #SCOTUS
Constitutional scholars say Article 2 does not grant the president unlimited power, despite Trump's legal arguments. A political science professor explains why the Supreme Court may ultimately have to decide how far executive authority can go. https://buff.ly/3Xeij8b
#constitutionallaw
Holy mackerel. I thought it took him three years. Dammit.
Please, some #constitution #scholar give me some hope. We have more safeguards against this than they did? Please. I need hope.
#academic #law #government #constitutionallaw #lawtalkingguy https://historians.social/@philip_cardella/113886901953455562
Right-Wing Push to Upend U.S. Constitution/Kill Birthright Citizenship
https://www.motherjones.com/politics/2025/01/birthright-citizenship-article-v-mark-meckler-constitutional-convention-convention-of-states
* 14th Amendment guarantee of birthright citizenship
* Article V of U.S. Constitution
* if majority of state legislatures petition Congress, will be convention to propose amendments
#USpol #USlaw #GOP #Trump2 #fascism #Project2025
#StateLegislatures #LegislativeCapture #StateCapture #ISLT
#ConstitutionalLaw #ArticleV
#ChristianRight #ParentalRightsMovement #antiLGBT
#Christofascism #transgenocide
It is also interesting that the predictions of the critics of the U.S.A. Constitution when it came to the pardon power, that presidents would use it for personal ends, corruption, and cronyism, have come true; and that the idea that impeachment would be the check on abuse of the pardon power, has proven to be wrong — now that this has all finally been put to the test after 2 centuries.
Here is how #USLaw is turning on its head.
Until now, accepting a POTUS pardon has been an implicit admission of guilt (although court decisions on this are not unanimous, and there is dicta that a POTUS can force a pardon on someone).
But now, Pamela Hemphill is refusing to accept a pardon on the grounds that xe admits to being guilty.
The idea that pardons confer innocence, long understood to be a mistaken reading of an old English opinion, is taking root.
Question for conlaw profs:
If you are teaching conlaw I this spring (basic structure), what updates are you making to your syllabus besides Trump v. United States (2024)?
MAGA efforts to shred U.S. Constitution
https://www.salon.com/2024/12/16/shredding-the-constitution-california-democrat-fears-maga-effort-to-rewrite-founding-document
* state Sen. Scott Wiener (D-CA) concerned Trumpist could call constitutional convention
A Constitutional Convention? Some Democrats Fear It’s Coming.
https://www.nytimes.com/2024/12/16/us/a-constitutional-convention-some-democrats-fear-its-coming.html
* Republicans said a constitutional convention is overdue
#USpol #GOP #Trump2 #Trump3 #fascism #authoritarianism #Project2025 #Bannon #SteveBannon
#StateLegislatures #LegislativeCapture #StateCapture #ISLT #ConstitutionalLaw #ArticleV #ConstitutionalLaw
Steve Bannon Setting Stage for Trump3 Term
https://newrepublic.com/post/189413/steve-bannon-donald-trump-election-2028
* suggests throwing out U.S. Constitution in Trump’s favor
* keep Trump in power via supposed loophole in the U.S. Constitution
Trump Supporters Hate U.S. Constitution
https://newrepublic.com/post/180312/president-life-trump-backer-says-quiet-part-loud
Trump 2028: https://www.theamericanconservative.com/trump-2028
#USpol #GOP #Trump2 #Trump3 #fascism #authoritarianism #Project2025 #Bannon #SteveBannon
#StateLegislatures #LegislativeCapture #StateCapture #ISLT #ConstitutionalLaw #ArticleV #ConstitutionalLaw
Citizens for Self-Governance | ISLT | Article V convention | Convention of states | U.S. Constitution | Mercer Family Foundation | DonorsTrust
https://mastodon.social/@persagen/111090040427855200
#StateLegislatures #LegislativeCapture #StateCapture #protofascism #ISLT #ConstitutionalLaw #ArticleV #USconstitution CitizensForSelfGovernance #CSG #billionaires #Mercer #MercerFamily #RebekahMercer #DAF #DonorsTrust #DarkMoney
U.S. Constitution: Top-down (federal --> state) approaches
https://mastodon.social/@persagen/110500657375473264
* Article V convention (Convention to propose amendments to the United States Constitution), https://en.wikipedia.org/wiki/Convention_to_propose_amendments_to_the_United_States_Constitution
... an aim of the conservative political nonprofit Citizens for Self-Governance, and their Convention of States initiative, https://en.wikipedia.org/wiki/Citizens_for_Self-Governance#Convention_of_States
If you're interested in #ConstitutionalLaw, article 77 of the Constitution of the Republic of Korea is currently making the news.
"Complainants now have Supreme Court authority for being able to go to court to get regulating public authorities to do their jobs properly."
(2) A blow against the "alternative remedies" excuse
https://emptycity.substack.com/p/a-blow-against-the-alternative-remedies
#constitutionallaw
#legalfedi
#environmentalissues
#UKlaw
#supremecourt
#publichealth
#publicbodies
#legalprecedent
Post-doctoral Research Associate - Mapping Injury in the Global South - focus: South Africa
@ King's College London
Deadline: 03/11/2024
