Some Thoughts on McGinnis & Rappaport’s “Originalism and the Good Constitution”

I like that McGinnis and Rappaport frame the core question of constitutional adjudication as a choice among (a) originalism, (b) a "living constitution," or, as they frequently call it, "judicial updating", or (c) judicial deference to political branches.

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Minnesota Action Alert: Support SF2852 to Nullify Gun Control

On Mar. 21, SF2852 was introduced to protect the 2nd Amendment from federal usurpation in Minnesota. (learn more about it here) It was promptly referred to the Judiciary Committee where it will need to pass through a majority before it can be voted on by the whole senate. YOUR ACTION IS NEEDED NOW. It doesn’t…

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Alaskan Majority Support Nullifying Unconstitutional Federal Marijuana Laws

According to two polls, Alaskans favor nullifying the federal prohibition of marijuana and legalizing it for recreational use within the state. And they will soon have the opportunity to do just that. The Campaign to Regulate Marijuana in Alaska will be on the ballot later this year The Alaska House Majority Caucus’ annual poll of…

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Some Responses on McCutcheon and Campaign Finance Legislation

Michael Perry writes: I share your originalist misgivings about the plurality and Thomas opinions in McCutcheon. However, a reader of your most recent post on the mattermight conclude that you have bought into the “expected applications” version of originalism, and I doubt you mean to do that!  So, you might want to say something further about the…

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On the Take: Tech Companies Lobby Hard to Kill Bills Targeting the NSA

As the first legislative session for the OffNow campaign unfolded, it became clear that the prime opposition to state measures prohibiting material support to the NSA would come from two main fronts: law enforcement and tech companies. The law enforcement lobby opposition didn’t particularly surprise us. Cops generally protest against anything that will place limits…

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Tennessee senate votes to effectively nullify federal hemp ban, 25-0

House Bill 2445 (HB2445), introduced by Rep. Jeremy Faison (R-Cosby), would mandate that the state authorize the growing and production of industrial hemp within Tennessee, effectively nullifying the unconstitutional federal ban on the same.

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Illinois Senate passes bill to ban warrantless cellphone tracking, 52-0

SPRINGFIELD, Ill., April 9, 2014 – An Illinois bill which would ban law enforcement from obtaining cellphone location tracking information without a warrant passed the state senate yesterday. Introduced by Sen. Daniel Biss, Senate Bill 2808 (SB2808) passed by a vote of 52-0. SB2808 would ensure that “a law enforcement agency shall not obtain current…

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