E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
(1) What laws do you think are constitutional that you oppose as a matter of policy?
(2) What laws do you support as a matter of policy that you think are unconstitutional?
Question (1) should be particularly easy for most people, because most constitutional scholars in the post-1937 period think that lots of social and economic regulations are constitutional that strongly disagree with.
Jacob thinks that "For most originalists, the question is easier still because they think most things are constitutional."
Actually the question is a bit harder for most originalists, because originalism has a much more constricted view of federal regulatory power than current doctrine recognizes. So one presumes that lots of laws which regulate the economy (including, I suspect, a fair number of federal civil rights laws, environmental protection laws, labor laws, and consumer protection laws) would be unconstitutional under the original understanding of Congress's commerce power. I also think there's a pretty strong argument that independent federal agencies like the Federal Reserve and the Federal Communications Commission are unconstitutional under the original understanding. In fact, there's also a pretty good argument that issuing paper money as legal tender is unconstitutional under the original understanding.
Question (2), Jacob thinks, is more interesting. I agree. There are a number of things that I think are good public policy but are clearly unconstitutional. Many of them have to do with structural features of the Constitution that are rarely if ever litigated. Here are some examples:
(1) People who are not natural born citizens should be able to run for President.
(2) The electoral college should be reformed and/or replaced with a runoff system.
(3) The method for deciding who becomes president and vice president if there is no majority in the electoral college is positively looney and should be scrapped.
(4) Supreme Court Justices should serve for fixed terms of eighteen years according to a method set by Congress which would guarantee the President exactly two selections per term in office.
(5) Appointments to Article III judgeships should require 60 votes for confirmation, in order to promote Presidential- Senate bargaining and more moderate candidates. (That is, the Senate filibuster rule, rather than being abolished, should be made into a formal policy for judgeships). In fact, there is an argument that it might be better to require a two-thirds vote.