I have an article now pending at law reviews called, The
Original Meaning of the Judicial Power, in which I respond to Leonard Levy
and others who claim that judicial nullification of unconstitutional laws was
not established at the time of the founding. The evidence from the
I thank Professor Martin for his close reading of my paper and will
reconsider the two characterizations by which I introduce the quotes
from Madison and Morris in light of his comments.This is the great
thing about posting articles prepublication. However, I should
emphasize that I presented
As a critic of some important, but not all, aspects of the Patriot Act,
I must admit to being less so after reading:
Orin S. Kerr, Internet Surveillance Law after the US Patriot Act: The
Big Brother That Isn't, 97 Northwestern University Law Review 607-73
(2003).
To be clear, Kerr does not claim
reading of
in Pursuance thereof than I am assigning to it?
Much obliged,
John
John C. Eastman
Professor of Law, Chapman University School of Law
Director, The Claremont Institute Center for Constitutional
Jurisprudence
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From: Randy Barnett [mailto:[EMAIL PROTECTED]
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Subject: Re: The Original Meaning
Michael's new article is of great interest, and I highly recommend
it--even without any disparagement of Washington, Madison Hamilton as
producing a Constitution that did not abolish slavery. (For all their
accomplishments, Bingham and Howard did not abolish legal discrimination
against women,