How Evan Mcmullin Can Win and Why It's So Impor
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Yale Law & Policy Review Inter Alia
Essay - Keith Whittington - 09 - Final - 2010.06.29 6/29/2010 4:09:42 PM YALE LAW & POLICY REVIEW INTER ALIA The State of the Union Is a Presidential Pep Rally Keith E. Whittington* Introduction Some people were not very happy with President Barack Obama’s criticism of the U.S. Supreme Court in his 2010 State of the Union Address. Famously, Justice Samuel Alito was among those who took exception to the substance of the President’s remarks.1 The disagreements over the substantive merits of the Citizens United case,2 campaign finance, and whether that particular Supreme Court decision would indeed “open the floodgates for special interests— including foreign corporations—to spend without limits in our elections” are, of course, interesting and important.3 But the mere fact that President Obama chose to criticize the Court, and did so in the State of the Union address, seemed remarkable to some. Chief Justice John Roberts questioned whether the “setting, the circumstances and the decorum” of the State of the Union address made it an appropriate venue for criticizing the work of the Court.4 He was not alone.5 Criticisms of the form of President Obama’s remarks have tended to focus on the idea that presidential condemnations of the Court were “demean[ing]” or “insult[ing]” to the institution or the Justices or particularly inappropriate to * William Nelson Cromwell Professor of Politics, Princeton University. I thank Doug Edlin, Bruce Peabody, and John Woolley for their help on this Essay. 1. Justice Alito, who was sitting in the audience in the chamber of the House of Representatives, was caught by television cameras mouthing “not true” in reaction to President Obama’s characterization of the Citizens United decision. -
California's Affirmative Action Fight
Research & Occasional Paper Series: CSHE.5.18 UNIVERSITY OF CALIFORNIA, BERKELEY http://cshe.berkeley.edu/ The University of California@150* CALIFORNIA’S AFFIRMATIVE ACTION FIGHT: Power Politics and the University of California March 2018 John Aubrey Douglass** UC Berkeley Copyright 2018 John Aubrey Douglass, all rights reserved. ABSTRACT This essay discusses the contentious events that led to the decision by the University of California’s Board of Regents to end affirmative action in admissions, hiring and contracting at the university in July 1995. This was a significant decision that provided momentum to California’s passage of Proposition 209 the following year ending “racial preferences” for all of the state’s public agencies. Two themes are offered. In virtually any other state, the debate over university admissions would have bled beyond the confines of a university’s governing board. The board would have deferred to lawmakers and an even more complicated public discourse. The University of California’s unusual status as a “public trust” under the state constitution, however, meant that authority over admissions was the sole responsibility of the board. This provided a unique forum to debate affirmative action for key actors, including Regent Ward Connerly and Governor Pete Wilson, to pursued fellow regents to focus and decide on a hotly debated social issue related to the dispersal of a highly sought public good – access to a selective public university. Two themes are explored. The first focuses on the debate within the university community and the vulnerability of existing affirmative action programs and policies—including a lack of unanimity among the faculty regarding the use of racial preferences. -
Originalism and Constitutional Construction
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2013 Originalism and Constitutional Construction Lawrence B. Solum Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1301 http://ssrn.com/abstract=2307178 82 Fordham L. Rev. 453-537 (2013) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, Legal History Commons, and the Legal Theory Commons ORIGINALISM AND CONSTITUTIONAL CONSTRUCTION Lawrence B. Solum* Constitutional interpretation is the activity that discovers the communicative content or linguistic meaning of the constitutional text. Constitutional construction is the activity that determines the legal effect given the text, including doctrines of constitutional law and decisions of constitutional cases or issues by judges and other officials. The interpretation-construction distinction, frequently invoked by contemporary constitutional theorists and rooted in American legal theory in the nineteenth and twentieth centuries, marks the difference between these two activities. This Article advances two central claims about constitutional construction. First, constitutional construction is ubiquitous in constitutional practice. The central warrant for this claim is conceptual: because construction is the determination of legal effect, construction always occurs when the constitutional text is applied to a particular legal case or official decision. Although some constitutional theorists may prefer to use different terminology to mark the distinction between interpretation and construction, every constitutional theorist should embrace the distinction itself, and hence should agree that construction in the stipulated sense is ubiquitous. -
TOMMY BURKS OBT. B. 22 May 1940 – D. 19 October 1998, TN Tommy
TOMMY BURKS OBT. b. 22 May 1940 – d. 19 October 1998, TN Tommy Burks, politician. Burks served as a Member of the Tennessee State House of Representatives from 1970 to 1978, and as a Member of the Tennessee State Senart from 1978 until his death in 1998. Burks was shot and killed in his pickup truck near Monterey, TN, on October 19, 1998. Burk’s political opponent, Byron Looper, allegedly shot and killed him for his seat in the state senate. Looper was arrested and charged with Burk’s murder and in August 2000, he was tried for murder and convicted, and sentenced to life in prison without the possibility of parole. Tommy Burks (May 22, 1940 – October 19, 1998) was a farmer and Democratic party politician in Tennessee, United States. He served in the Tennessee House of Representatives from 1970 until 1978, and in the Tennessee State Senate from 1978 until his murder in 1998. Born in Cookeville, Tennessee, Burks was one of the most conservative Democrats in the state legislature. He opposed the teaching of evolution in school science classes (twice introducing legislation to restrict its teaching), legal abortion, gambling, and a state lottery. However, his views seemed to have been very popular and in line with a large number of voters within his rural district. Burks was an energetic legislator who almost never missed a floor or committee session. It is reported that he would on some occasions arrive at a session having already gotten up on his farm, delivered a load of hogs to Knoxville (approximately 90 miles east of his home) and then driven to the State Capitol in Nashville (100 miles west of his home and 190 miles west of Knoxville). -
In the Supreme Court of the United States
No. 17-965 In the S upreme Court of the United States DONALD J. TRUMP , PRESIDENT OF THE UNITED STATES , ET AL ., petitioners v. STATE OF HAWAII , ET AL ., respondents On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit BRIEF OF AMICI CURIAE EVAN MCMULLIN, ANNE APPLEBAUM, MAX BOOT, LINDA CHAVEZ, ELIOT COHEN, MINDY FINN, JULEANNA GLOVER, NORMAN ORNSTEIN, MICHAEL STEELE, CHARLIE SYKES, AND JERRY TAYLOR IN SUPPORT OF RESPONDENTS R. REEVES ANDERSON JOHN B. BELLINGER , III ARNOLD & PORTER Counsel of Record KAYE SCHOLER LLP ELLIOTT C. MOGUL 370 Seventeenth St. KAITLIN KONKEL Suite 4400 ARNOLD & PORTER Denver, CO 80202 KAYE SCHOLER LLP (303) 863-1000 601 Mass. Ave., NW Washington, DC 20001 (202) 942-5000 [email protected] Counsel for Amici Curiae TABLE OF CONTENTS Page Interest of Amici Curiae .............................................. 1 Introduction and Summary of Argument ................... 2 Argument ..................................................................... 4 I. EO-3 contravenes the prohibition on nationality-based discrimination that Congress, with support from almost all Republicans, adopted in 1965 ................................ 5 A. Congress intended to eliminate “all vestiges of discrimination against any national group” from our immigration system ............................................................... 6 1. Members of both parties, and Republicans in particular, strenuously repudiated the discriminatory policies that predated the 1965 Act ......................... 7 2. The 1965 Act rectified missteps in U.S. immigration policy ............................ 12 3. The principles underlying the 1965 Act are now fundamental to our national identity ........................................ 16 B. EO-3 runs afoul of Congress’s nondiscrimination guarantee ......................... 18 II. The President may not substitute his alternative policy judgments for Congress’s comprehensive statutory immigration scheme .. -
Of Evan Mcmullin
The curious case of Evan McMullin by Jake Carmin McMullin has only been in candidate from the race since August, so their surveys. With less than two weeks many polls have excluded the Additionally, until the general election, FiveThirtyEight, support for Donald Trump upon examining major and Hillary Clinton is largely McMullin’s Policy Views Utah polls, found their solidifying. Historical methodology favored Republican stronghold states Trump and Clinton, as some like Texas and Ohio, which Economy/Jobs: pollsters believe third-party seemed vulnerable just weeks After years of low growth and voters generally break for one ago, are buckling down for high unemployment, we need of the major party candidates. the GOP standard-bearer, to get our economy back on Because of his high polling Trump. Support for third-party track. We must cut through numbers, as well as the candidates Gary Johnson and the excessive regulations that aforementioned poll bias, it Jill Stein are slowly declining, are stifling new businesses and is safe to say among third- and undecided voters, it seems, inhibiting job creation. We also party candidates, McMullin are settling down. need to invest in workforce has the best shot at winning Not so in Utah. Polls in training for 21st century jobs, a state. He’s already garnered the state show a surprising so that Americans are ready some hefty conservative amount of support for Evan to meet the demands of future endorsements both in and McMullin, a candidate who has industries. out of Utah; most notably, Bill flown largely under the radar Kristol of the Weekly Standard, of email- throughout his campaign. -
Congressional Advisory Boards Commissions, and Groups
CONGRESSIONAL ADVISORY BOARDS COMMISSIONS, AND GROUPS BOARD OF VISITORS TO THE AIR FORCE ACADEMY [Title 10, U.S.C., Section 9355(a)] Ernest F. Hollings, of South Carolina C.W. Bill Young, of Florida Max Cleland, of Georgia Joel Hefley, of Colorado Wayne Allard, of Colorado BOARD OF VISITORS TO THE MILITARY ACADEMY [Title 10, U.S.C., Section 4355(a)] Jack Reed, of Rhode Island Charles H. Taylor, of North Carolina Mary Landrieu, of Louisiana Sue Kelly, of New York Rick Santorum, of Pennsylvania BOARD OF VISITORS TO THE NAVAL ACADEMY [Title 10, U.S.C., Section 6968(a)] Paul Sarbanes, of Maryland Wayne T. Gilchrest, of Maryland Barbara Mikulski, of Maryland Joe Skeen, of New Mexico John McCain, of Arizona BOARD OF VISITORS TO THE COAST GUARD ACADEMY [Title 14 U.S.C., Section 194(a)] Ernest F. Hollings, of South Carolina Rob Simmons, of Connecticut Patty Murray, of Washington Gene Taylor, of Mississippi John McCain, of Arizona Peter G. Fitzgerald, of Illinois BOARD OF VISITORS TO THE MERCHANT MARINE ACADEMY [Title 46 U.S.C., Section 1295(b)] John Edwards, of North Carolina Peter T. King, of New York John Breaux, of Louisiana John McCain, of Arizona Olympia J. Snowe, of Maine 485 486 Congressional Directory BROADCASTING BOARD OF GOVERNORS [Created by Public Law 103–236] 330 Independence Avenue SW, Suite 3360, 20237 phone 401–3736, fax 401–6605 Chairman.—Marc Nathanson. GOVERNORS Tom Korologos Cheryl Halpern Edward Kaufman Colin Powell Robert Mark Ledbetter (ex officio) Norman Pattiz STAFF Executive Director.—Brian Conniff. Legal Counsel.—Carol Booker. -
President Richard Nixon's Daily Diary, May 16-31, 1973
RICHARD NIXON PRESIDENTIAL LIBRARY DOCUMENT WITHDRAWAL RECORD DOCUMENT DOCUMENT SUBJECT/TITLE OR CORRESPONDENTS DATE RESTRICTION NUMBER TYPE 1 Manifest Air Force One – Appendix “B” 5/19/1973 A 2 Manifest Air Force One – Appendix “D” 5/25/1973 A 3 Log Key Biscayne, Florida – 6:40 p.m. – p 2 5/26/1973 A of 2 Sanitized 6/2000 OPENED 06/2013 4 Manifest Air Force One – Appendix “B” 5/28/1973 A 5 Manifest Air Force One – Appendix “B” 5/30/1973 A 6 Manifest Helicopter Passenger Manifest – 5/19/1973 A Appendix “A” 7 Manifest Helicopter Passenger Manifest – 5/20/1973 A Appendix “A” COLLECTION TITLE BOX NUMBER WHCF: SMOF: Office of Presidential Papers and Archives RC-12 FOLDER TITLE President Richard Nixon’s Daily Diary May 16, 1973 – May 31, 1973 PRMPA RESTRICTION CODES: A. Release would violate a Federal statute or Agency Policy. E. Release would disclose trade secrets or confidential commercial or B. National security classified information. financial information. C. Pending or approved claim that release would violate an individual’s F. Release would disclose investigatory information compiled for law rights. enforcement purposes. D. Release would constitute a clearly unwarranted invasion of privacy G. Withdrawn and return private and personal material. or a libel of a living person. H. Withdrawn and returned non-historical material. DEED OF GIFT RESTRICTION CODES: D-DOG Personal privacy under deed of gift -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -
Reviewing Randy Barnett, Restoring the Lost Constitution: the Presumption of Liberty (2004
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2007 Restoring the Right Constitution? (reviewing Randy Barnett, Restoring the Lost Constitution: The Presumption of Liberty (2004)) Eduardo Peñalver Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Eduardo Peñalver, "Restoring the Right Constitution? (reviewing Randy Barnett, Restoring the Lost Constitution: The Presumption of Liberty (2004))," 116 Yale Law Journal 732 (2007). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. EDUARDO M. PENALVER Restoring the Right Constitution? Restoringthe Lost Constitution: The Presumption of Liberty BY RANDY E. BARNETT NEW JERSEY: PRINCETON UNIVERSITY PRESS, 2004. PP. 384. $49.95 A U T H 0 R. Associate Professor, Cornell Law School. Thanks to Greg Alexander, Rick Garnett, Abner Greene, Sonia Katyal, Trevor Morrison, and Steve Shiffrin for helpful comments and suggestions. 732 Imaged with the Permission of Yale Law Journal REVIEW CONTENTS INTRODUCTION 734 I. NATURAL LAW OR NATURAL RIGHTS? TWO TRADITIONS 737 II. BARNETT'S NONORIGINALIST ORIGINALISM 749 A. Barnett's Argument 749 B. Writtenness and Constraint 752 C. Constraint and Lock-In 756 1. Constraint 757 2. Lock-In 758 D. The Nature of Natural Rights 761 III. REVIVING A PROGRESSIVE NATURALISM? 763 CONCLUSION 766 733 Imaged with the Permission of Yale Law Journal THE YALE LAW JOURNAL 116:73 2 2007 INTRODUCTION The past few decades have witnessed a dramatic renewal of interest in the natural law tradition within philosophical circles after years of relative neglect.' This natural law renaissance, however, has yet to bear much fruit within American constitutional discourse, especially among commentators on the left. -
Evan Mcmullin Death Penalty
Evan Mcmullin Death Penalty Uncrowded Paige flavor her blacklist so thereof that Bailey misdates very efficaciously. Gaudy and sylphic Abbott devaluated her pompoms aisles replevisable and proceed meagerly. Kayoed and screwy Todd hesitates her Brutus protrude while Walt goes some Alison forsakenly. If they discriminated against secretary, issued its first amendment rights, has repeatedly offered their positions on earth becomes uninhabitable. We had it sends people are given her official who borders policy, you have irreparably damaged its freelancers access laws in desperation to evan mcmullin death penalty information about this. Trump touted during the current targeted them to evan mcmullin death penalty in the. Trump is now that is even though. The blouses and ballroom skirts drape in a wonderful way, clinging to the divine and accentuating curves. If you refer to evan mcmullin death penalty in? The death penalty than we get results johnson just end quote, evan mcmullin death penalty in their war in its leader harry reid. As lost so therefore other instances, this administration believes that lot should not be held to put same laws that every fellow American must abide by. Kopitke is joined by earnest and writer in state house asking me now for his mother and insider information. House had no idea of cnn opinion columns for signing up from his polling continues in rio olympics aimed at johns hopkins university. You are completely betray these are rightfully theirs are reticent to evan mcmullin death penalty information they took no votes for bringing the. Anna Sale make the big questions and hard choices that matter often pour out of casual conversation. -
Legislative Calendar
S. PRT. 108–75 COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE LEGISLATIVE CALENDAR ONE HUNDRED EIGHTH CONGRESS CONVENED JANUARY 7, 2003 FIRST SESSION ! ADJOURNED DECEMBER 8, 2003 CONVENED JANUARY 20, 2004 SECOND SESSION ! ADJOURNED DECEMBER 7, 2004 JAMES M. INHOFE, Chairman FINAL CALENDAR December 31, 2004 41–937 PDF U.S. GOVERNMENT PRINTING OFFICE: 2008 VerDate 0ct 09 2002 14:59 May 06, 2008 Jkt 000000 PO 00000 Frm 00001 Fmt 7800 Sfmt 7800 H:\108TH\41937 SENENV1 PsN: STEVE congress.#06 CONTENTS Page Committee members .............................................................................................................................................. 3 Subcommittees ....................................................................................................................................................... 4 Jurisdiction of the committee ................................................................................................................................ 5 Rules of procedure ................................................................................................................................................. 6 History and work of the committee ...................................................................................................................... 9 Measures Within the Jurisdiction of the Committee on Environment and Public Works—108th Congress .... 10 Chronology and status of Senate bills ................................................................................................................. -
Windsor: Lochnerizing on Marriage?
Case Western Reserve Law Review Volume 64 Issue 3 Article 10 2014 Windsor: Lochnerizing on Marriage? Sherif Girgis Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Sherif Girgis, Windsor: Lochnerizing on Marriage?, 64 Case W. Rsrv. L. Rev. 971 (2014) Available at: https://scholarlycommons.law.case.edu/caselrev/vol64/iss3/10 This Symposium is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve Law Review·Volume 64·Issue 3·2014 Windsor: Lochnerizing on Marriage? Sherif Girgis† Abstract This Article defends three insights from Justice Alito’s Windsor dissent. First, federalism alone could not justify judicially gutting DOMA. As I show, the best contrary argument just equivocates. Second, the usual equal protection analysis is inapt for such a case. I will show that DOMA was unlike the policies struck down in canonical sex-discrimination cases, interracial marriage bans, and other policies that involve suspect classifications. Its basic criterion was a couple’s sexual composition. And this feature—unlike an individual’s sex or a couple’s racial composition—is linked to a social goal, where neither link nor goal is just invented or invidious. Third, and relatedly, to strike down DOMA on equal protection grounds, the Court had to assume the truth of a “consent-based” view of the nature of marriage and the social value of recognizing it, or the falsity of a “conjugal” view of the same value and policy judgments.