Another comment I received pointed out that the Report of the Joint Committee on Reconstruction can be understood as the Federalist Papers for that period. There is some truth in that, though the Executive Summary of that Report focuses more on immediate political questions (are the ex-rebel states entitled to representation) rather than on broader constitutional principles. Still, I am moved by the closing paragraph of the Report:
"Before closing this report, your committee beg leave to state that the specific recommendations submitted by them are the result of mutual concession, after a long and careful comparison of conflicting opinions. Upon a question of such magnitude, infinitely important as it is to the future of the republic, it was not to be expected that all should think alike. Sensible of the imperfections of the scheme, your committee submit it to Congress as the best they could agree upon, in the hope that its imperfections may be cured, and its deficiencies supplied, by legislative wisdom; and that, when finally adopted, it may tend to restore peace and harmony to the whole country, and to place our republican institutions on a more stable foundation."
I am informed that Neil Cogan has put together a sequel of sorts to his "Complete Bill of Rights" a volume entitled "Complete Reconstruction Amendments" but unfortunately has yet to find a publisher.
ReplyDeleteAnother comment I received pointed out that the Report of the Joint Committee on Reconstruction can be understood as the Federalist Papers for that period.
ReplyDeleteOne was a report from a joint committee of Congress, the other were a collection of newspaper essays mostly from two signers of the Constitution which had no official character. So, yes, I can see some differences.
http://theusconstitution.org/sites/default/files/briefs/Report_of_the_Joint_Committee_on_Reconstruction.pdf
I don't think the two are quite comparable though do think the Report etc. can provide some useful original source material ala those used for 1787-1791 for the Constitution and the Bill of Rights (if I'm allowed to use that term).
And I'm looking forward to reviews of Kurt Lash's new book by historians.
ReplyDeleteBy the way,The Originalism Blog also has a post on the Originalism Boot Camp at Georgetown Law this Summer. I assume a lot of thought was given to the Boot Camp phrase by originalists, as if training for constitutional interpretation/construction dominance. Maybe non-originalists will come up with a counter Summer camp with a less semantic military motif. Or is this a call to arms?
Off topic, Prof. Sandy Levinson signed this law professor statement that influenced the Obama Administration's latest announcement on guns:
ReplyDeletehttp://www.acslaw.org/sites/default/files/Law%20Professor%20Statement%2011-12-15.pdf
Reading a bit much into "presumptively " constitutional, aren't they? They're treating it as though it were a statement that all that was certainly constitutional, rather than the simple disclaimer that they've only ruled unconstitutional what they actually addressed, that I read it to be. That said, they didn't go berserk with their requests, though they also seem not to realize that there are serious problems with some of what they advocate.
ReplyDeleteSeparate but equal seems reasonable,too, until you learn that nobody who demands separate actually wants equal. Gun owners have good reason for opposing some of those measures, relating to the past behavior of those who'd enforce them.
This comment has been removed by the author.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteJoe, does three strikes mean "you're out!"?
ReplyDeleteYes. No passed third strike. No catcher interference. Outta there.
ReplyDeleteBear with me (unarmed, of course) this comment is not off-topic.
ReplyDeleteThe Legal Theory Blog has post on Eric Segall's article titled "The Constitution Means What Judges Say It Means.' Since the article challenges originalism, the Blog's Larry Solum provides editorial comments as he often does when posting on such articles. Segall's article focuses upon David Strauss and Judge Posner and contrasts Prof. Randy Barnett who has a new book on originalism.
Over at the Originalism Blog, there is a post titled "Mark Graber (and Gerard Maglocca) on the Roberts Court and the Reconstruction," by Mike (I'm not Rappaport) Ramsey. This is followed by a post titled "Who Are the True Heirs of the Reconstruction Republicans?" by Mike (I'm not Ramsey) Rappaport on the same subject. And this is followed by a post titled "Eric Segall: The Constitution Means What Judges Say it Means," by Mike Ramsey.
I noted in an earlier comment the Legal Theory Blog post on a Summer originalism "Boot Camp" to be held at Georgetown Law. Both Solum and Rappaport will serve as cadre, as will Barnett. The Originalism Blog subsequently post on the "Boot Camp."
Segall frequently posts at Dorf on Law, but not as yet on his article. Perhaps we can expect a post there by Segall where he may respond to Solum's editorial comments. I expect more than a 3-way on this, as perhaps Graber and Gerard might respond with posts at this Blog. And I wouldn't be surprised to see Jack Balkin jump into the fray.
I questioned the reference to "Boot Camp" in an earlier comment. It seems a battlefield may be in the works. It seems that originalists are making an all out effort to publish on the public meanings of various provisions in the Constitution. Non-originalist and historians and linguists may have to respond in a timely fashion as this all seems like a pre-emptive strike. Jack as a proponent of Living Originalism can jump in on both sides.
I assume at least Mark Graber will respond. But will non-originalists unite as do originalists who have significant internal quarrels on the varieties of originalism.
Maybe Joe will get at bat in this game, even thought he often avoids getting into the interpretation/construction squabbles that I sometime foment.
Shag is correct that I'm less interested in such "squabbles," especially some of the originalism debates that to me are pretty tedious.
ReplyDeleteProf. Levinson's book An Argument Open to All: Reading "The Federalist" in the 21st Century is in my library now; will try to read it. Also, I recently read "Judgment Calls: Principle and Politics in Constitutional Law," finding it overall well written & convincing.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1288146
https://www.youtube.com/watch?v=WvnZbsfJ1_w
Different sides do get different things from history such as found here:
http://theusconstitution.org/text-history
For instance, it cites this brief in part written by Prof. Balkin that uses history to support one side in the Fisher legislation:
http://theusconstitution.org/sites/default/files/briefs/Fisher_v_Texas_II_Merits_Final.pdf
شركة تنظيف منازل و نقل اثاث
ReplyDeleteشركة تنظيف منازل و نقل اثاث
شركة تنظيف منازل و نقل اثاث
شركة تنظيف منازل و نقل اثاث
/
شركة تنظيف منازل و نقل اثاث
شركة تنظيف منازل و نقل اثاث
شركة تنظيف منازل و نقل اثاث
شركة تنظيف منازل و نقل اثاث
شركة تنظيف منازل و نقل اثاث
Perhaps someone was reading -- see new post "Blind to History."
ReplyDelete“In An Argument Open to All, renowned legal scholar Sanford Levinson takes a novel approach to what is perhaps America’s most famous political tract. Rather than concern himself with the authors as historical figures, or how The Federalist helps us understand the original intent of the framers of the Constitution, Levinson examines each essay for the political wisdom it can offer us today. In eighty-five short essays, each keyed to a different essay in The Federalist, he considers such questions as whether present generations can rethink their constitutional arrangements; how much effort we should exert to preserve America’s traditional culture; and whether The Federalist’s arguments even suggest the desirability of world government.” — Yale U. Press
ReplyDeletehttp://etseq.law.harvard.edu/2015/11/faculty-book-talk-sanford-levinsons-an-argument-open-to-all-reading-the-federalist-in-the-21st-century-wed-dec-2-at-noon/
For those interested in video: https://www.youtube.com/watch?v=J_XKj5vNk-k
ReplyDeletehttp://rajaplastikindonesia.com
ReplyDeletehttp://rayaplastik.com
http://tempatsampahplastik.net
http://jualprodukplastik.com
kontainer plastik | tempat sampah plastik | keranjang plastik | tong air | tong plastik | tong sampah | tempat sampah fiber | tempat sampah murah | pallet industri | pallet heavy duty | kotak makanan anak | botol minum anak | greenleaf | keranjang rabbit
rajaplastikindonesia.com
ReplyDeleterayaplastik.com
tempatsampahplastik.net
jualprodukplastik.com
kontainer plastik | tempat sampah plastik | keranjang plastik | tong air | tong plastik | tong sampah | tempat sampah fiber | tempat sampah mu
http://rajaplastikindonesia.com
ReplyDeletehttp://rayaplastik.com
http://tempatsampahplastik.net
http://jualprodukplastik.com
kontainer plastik | tempat sampah plastik | keranjang plastik | tong air | tong plastik | tong sampah | tempat sampah fiber | tempat sampah murah | pallet industri | pallet heavy duty | kotak makanan anak | botol minum anak | greenleaf | keranjang rabbit
http://rajaplastikindonesia.com
ReplyDeletehttp://rayaplastik.com
http://tempatsampahplastik.net
http://jualprodukplastik.com
kontainer plastik | tempat sampah plastik | keranjang plastik | tong air | tong plastik | tong sampah | tempat sampah fiber | tempat sampah murah | pallet industri | pallet heavy duty | kotak makanan anak | botol minum anak | greenleaf | keranjang rabbit
This type of message always inspiring and I prefer to read quality content, so happy to find good place to many here in the post, the writing is just great, thanks for the post.
ReplyDeleterak minimarket
rak toko
rak supermarket
rak toko murah
rak murah
rak gudang jakarta
rak gudang jakarta
trolley
rak minimarket bandung
jual rak minimarket
jual rak gudang
rak pallet
rak barang
konsultan rak
aksesoris display
aksesoris toko
rak minimarket jakarta
rak supermarket jakarta
raja rak
raja rak jakarta
raja rak indonesia
raja rak swalayan
rumah rak
rumah rak indonesia
rak gondola
rak swalayan
rak minimarket murah
harga rak minimarket
rak baru murah
rak gudang rekondisi
rak gudang heavy duty
rak gudang besar
rak toko minimarket
rak gudang light duty
rak gudang medium duty
rak obral
konsultan rak indonesia
Rak Minimarket Corp
gudangnya rak
kontainer plastik
tong sampah plastik
tempat sampah plastik
pallet plastik
pallet
pallet gudang
produk plastik
jual kontainer plastik
harga kontainer plastik
Rak Minimarket Jakarta
Pulau Seribu
longchamp outlet, burberry handbags, uggs on sale, jordan shoes, longchamp outlet, louis vuitton outlet, cheap oakley sunglasses, louis vuitton, christian louboutin shoes, michael kors outlet online, ray ban sunglasses, longchamp outlet, polo outlet, nike outlet, polo ralph lauren outlet online, uggs outlet, tory burch outlet, oakley sunglasses, michael kors outlet online, oakley sunglasses wholesale, louis vuitton outlet, nike air max, ray ban sunglasses, michael kors outlet, nike free, michael kors outlet online, christian louboutin outlet, tiffany and co, prada outlet, gucci handbags, oakley sunglasses, oakley sunglasses, nike air max, replica watches, michael kors outlet online, ugg boots, tiffany jewelry, ugg boots, louis vuitton outlet, prada handbags, christian louboutin, louis vuitton, ray ban sunglasses, uggs outlet, michael kors outlet
ReplyDeletetimberland pas cher, nike roshe run uk, true religion outlet, oakley pas cher, jordan pas cher, burberry pas cher, michael kors, ray ban pas cher, lululemon canada, replica handbags, michael kors pas cher, sac hermes, ralph lauren uk, nike free run, air max, nike blazer pas cher, north face, nike roshe, coach outlet store online, hollister uk, longchamp pas cher, coach purses, north face uk, true religion outlet, kate spade, nike air max uk, guess pas cher, polo lacoste, sac vanessa bruno, new balance, ray ban uk, michael kors, nike free uk, true religion outlet, hollister pas cher, vans pas cher, hogan outlet, polo ralph lauren, true religion jeans, converse pas cher, nike air max uk, sac longchamp pas cher, louboutin pas cher, mulberry uk, michael kors outlet, abercrombie and fitch uk, coach outlet, nike tn, nike air force, nike air max
ReplyDeleteThis type of message always inspiring and I prefer to read quality content, so happy to find good place to many here in the post, the writing is just great, thanks for the post.
ReplyDeleterak toko minimarket
rak gudang light duty
rak gudang medium duty
rak obral
konsultan rak indonesia
Rak Minimarket Corp
gudangnya rak
kontainer plastik
tong sampah plastik
tempat sampah plastik
pallet plastik
pallet
pallet gudang
produk plastik
jual kontainer plastik
harga kontainer plastik
Rak Minimarket Jakarta
Kursi Kantor
Pulau Seribu
pulau sepa
pulau putri
pulau ayer
pulau pantara
pulau macan
pulau pelangi
pulau pari
pulau tidung
pulau bidadari
Managing a perfect article is such a heard to do but you always share such awesome post with us,thanks for share this.
ReplyDeleteHostgator Promo Codes
thanks for sharing it.... i really liked it...
ReplyDeleteAlways success..
Best regards,
Supriadi
http://kertasnasi.com
Map Raport
ReplyDeleteMap Rapot
Sampul Raport
Map Ijazah
Sampul Ijazah
Map Sertifikat
Sampul Sertifikat
Cover Agenda
Thank you for sharing such valuable information!!!
ReplyDeleteSuccess always for you!!!
please visit
Map Raport
Map Raport
Map Ijazah
Map Ijazah
Map Sertifikat
Map Sertifikat
Jual Map
Thank you