You can now pre-order Constitutional Democracy in Crisis? II. global.oup.com/academic/pro...
global.oup.com
Mark Graber
@mgraber1.bsky.social
Professor at Maryland Carey Law, legal historian, amateur comparative constitutionalist, chess nut and loyal New York Giant fan
What good is AI if Gemini and others cannot answer such fundamental questions as where the heck in my home library did I put Ernst Fraenkel, THE DUAL STATE
Preface to the Fourth edition of American Constitutionalism done. Going to teach students about "constitutional revolutions," "constitutional crises," "competitive autocracies," "pluralist autocracies," and dual states. Hope for your interest.
Good to see the unitary execution bite Trump in the rear end. Note that citations to Trump v. Slaughter in the opinion demonstrated that Trump and the IRS could not be adverse parties. www.documentcloud.org/documents/28...
Trump v IRS order
US District Court SDFL
documentcloud.org
we ban concealed weapons from courts, but could not constitutionally ban critics of the president or people wearing religious headgear. Same for guns. A state rule requiring permission for concealed weapon holders to enter private property differs from the same law targeting speech or religion.
How is one engaged in self-defense when one brings an uninvited weapon on another person's property?
Daniel Rice@danielrice.bsky.social · last mo.Methinks we're a tad selective in identifying "tainted artifacts"!
More reason to avoid AI for serious research. Contemporary issues rarely come up in 1866, but when they do, birthright citizenship seems to be the rule.
Nomi@whatsoperadoc.bsky.social · last mo.Paging @mgraber1.bsky.social
Could someone start a rumor that in deference to constitutional casebook editors, the Supreme Court has decided to adopt a 1000 word limit on opinions, a ban on concurrences, and only one dissent per case.
A reminder to the young'uns that games 5 and 7 of the 1970 NBA championship remain the two greatest games in Knick history. Last night was 3.
Apparently, opposing the Netanyahu government makes one anti-Zionist, which means approximately half the population of Israel and most American Jews are anti-Zionist. How about an Israel that expresses the best of contemporary Jewish values.
A simple solution to the problem of the ultra-orthodox in the Israeli army. You do not do military service, you do not vote.
Am reading every newspaper article I can find from April 7-16 on reaction to the passage of the Civil Rights Act of 1866. Not my main concern, or theirs, but every piece that says something says the act makes everyone born on American soil a citizen of the United States.
We are told, don't get mad; get even. If you want to be mad, support Graham Platner for Senate in Maine. If you want to get even, find another Maine Democrat to support.
I am a committed Burkean. Does that make a conservative scholar? Or do I have to take the view that vaccination is silly? Is that the kind of conservative we want at our universities?
Richard Albert has created a memory wall for those who wish to share remembrances of Ran Hirschl. Please share so as many of Ran's friends see this as possible. www.online-tribute.com/RanHirschl
An amazing scholar, fabulous human being, and dear friend has left us. balkin.blogspot.com/2026/05/rip-...
Balkinization: R.I.P. Ran Hirschl
A group blog on constitutional law, theory, and politics
balkin.blogspot.com
I would obviously like to research, but we know Republicans meant insurrections in general (they said so), not just the Civil War. Tricky issues as to whether this is a pension. Seems plausible, but I would rely on no presidential power to establish this fund.
AAndy M@abhay123.bsky.social · 3mo ago
What is your assessment of the argument for applying Section 4 of the Fourteenth Amendment to Trump's insurrection reparations fund, based on some 19th century precedents? Your work is cited here: www.reddit.com/r/supremecou...
Not really. I spent a good deal of time on presidential power to use the militia, but not on this issue precisely. Say hello to Abigail.
Jennifer Elsea@jnklz.bsky.social · 3mo agoOut of curiosity, have you ever looked into the part of the CRA of 1866 that permits magistrates to assemble a posse comitatus or use the militia to carry out court orders/process to enforce certain provisions?
My hidden secret is that I am not very interested in original meanings, which largely amounts to asking what people in the past would have done if they faced our problems, with our alternatives, and had our conceptual apparatus.
Surely the same principles that "justify" Trump v. US prohibit any settlement of civil or criminal liability against a sitting president.
A Vermont newspaper after passage of the Civil Rights Act of 1866 declared, "To have been of those men who voted for this bill will only be less honorable than to have been a signer in the declaration of independence. 160th anniversary this year. Any law review symposia?
Suppose you think only 5-10% of the claims in Kristof's article are accurate. If you are Jewish, shouldn't your predominant reaction be, "This was done in my name and I am ashamed."
Would the Roberts Court allow South Carolina to gerrymander to maximize Democratic Representatives in 1868, if only Klan members had to wit to maintain they were engaged in a partisan rather than a racial gerrymander? Would Congress have tolerated that for an instant?
There is a long history of former confederate states asserting that the post-Civil War amendments are unconstitutional.
Joyce White Vance@joycewhitevance.bsky.social · 3mo agoThe Speaker of the House in Alabama calls on the courts to “overturn the 14th Amendment.” This is the same legislative body, a court found engaged in intentional racial discrimination in drawing voting maps in the Milligan case. x.com/austinpratt_...
A graduation speaker might speak insensitively about the Middle East with respect to those that believe graduation speakers should stay clear of political topics or b) those who disagree with the speaker. But both classes are likely to include more non-Jews than Jews.
How can a graduation or related speaker make a comment about the Middle East alleged to be insensitive to Jews when a reasonable percentage of Jews in the audience agree with the comment and another reasonable percentage do not find the comment to be at all insensitive. 1/2
