Constitutional law roundup

by Walter Olson on February 21, 2013

  • Colorado solon’s lawsuit claims direct voter initiatives are unconstitutional. Nice try but no go [Ilya Shapiro]
  • Gail Heriot and Alison Somin on creative interpretations of the Thirteenth Amendment [Fed Soc]
  • Ted Olson’s work on punitive damages provides clue to his approach on originalism [Mike Rappaport]
  • Yes, Prof. Seidman, there is an Origination Clause [Shapiro, my related take]
  • Justice Roberts and legislative deference [PoL]
  • Easterbrook, Barnett and others: video of panel on federalism and federal power [Fed Soc] Constitutional law treatise available free online through Library of Congress [Volokh] New Podcast: Who violates the constitution–statutes or individuals? [Nick Rosenkranz, PoL]
  • National Endowment for the Arts uses creative misreading to conjure up a constitutional charter for its existence [Roger Pilon/Cato]

{ 1 comment }

1 VMS 02.21.13 at 8:35 pm

The Origination Clause did not seem to matter to Obamacare or Justice Roberts’ explanation that it is a tax. The bill as pasted and signed into law by Obama originated in the Senate.

Comments on this entry are closed.