We nerdy early American historians remember how Jefferson's embargo of 1807 turned out for America and for his party. Looking forward to seeing whether history will repeat itself with Trump's tariffs--or will merely rhyme.
.@tomTMwolf went on @BLaw's "Cases and Controversies" podcast to talk about what happens when the federal government changes its position in legal disputes with #SCOTUS after a new president is elected: bit.ly/40t8Zj2
Two key points here:
1) This decision isn’t going to go into effect before the election—in MS or anywhere else. It’s instead teeing up a fight for *next* year.
2) The decision is still ludicrous—as is handing it down 11 days before an election in which it isn’t going to apply.
"The Supreme Court of the United States has gone rogue."
- Historian Jim Kloppenberg writes on the crisis of originalism in the latest issue of Commonweal @BrennanCentercommonwealmagazine.org/why-h…
Earlier this month, 57 constitutional scholars, former judges, and more sent a letter to Congressional leadership affirming Congress’s constitutional authority to enact term limits for Supreme Court justices. Read: bit.ly/3YzAVjR
Historian Jack Rakove argues that fixed terms for Supreme Court justices — rather than lifetime appointments — would better serve the founding generation’s goal of judicial independence. bit.ly/484IF0x
The Constitution's framers gave Supreme Court justices lifelong tenure to encourage impartiality, but it now tends to promote the opposite effect. Term limits offer a solution. bit.ly/484IF0x
"[O]riginalist jurists end up rewriting the constitutional past based on the logic of the legal present. In that respect, their interpretive approach resembles the living constitutionalism they otherwise disparage." - @TheGNappyalebooks.yale.edu/2024/10/2…@BrennanCenter
Stanford historian and @brennancenter Historians Council member @TheGNapp sat down with the Stanford Legal podcast to unpack the historical dimensions of some of the biggest constitutional debates going: law.stanford.edu/stanford-le…
"Against Constitutional Originalism: A Historical Critique, injects a fresh, powerful new argument against originalism into the debate."
Read more about the latest from the Stanford professor and @BrennanCenter Historians Council member @TheGNapp: newrepublic.com/article/1867…
Congrats to Historians Council member Dylan Penningroth, whose important book Before the Movement has won the American Historical Association’s prestigious Beveridge Family and Littleton-Griswold Prizes. You can learn more about his work here: wwnorton.com/books/978132409….
The Constitution's framers gave Supreme Court justices lifelong tenure to encourage impartiality, but it now tends to promote the opposite effect. Term limits offer a solution. bit.ly/484IF0x