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Volokh Conspiracy


February 11, 2014, 3:43 pm, 1221237

Acclaimed avant-garde theatre company Elevator Repair Service (ERS) will soon present the world-premiere of their new show, Arguendo, at the Public Theater in New York City. Arguendo is a dramatization of the oral argument of Barnes v. Glen Theatre, an important Supreme Court case about nude ...


February 11, 2014, 3:43 pm, 1221238

There’s been lots of excellent blogging on the subject of whether Senator Ted Cruz was a “natural born citizen” of the United States and therefore eligible to be President.  I won’t summarize it here, but recommend Mike Ramsey’s two posts on here and here on The Originalism Blog, Garrett Epps’s post here on ...


February 11, 2014, 3:43 pm, 1221239

The US and its allies are considering a military intervention in Syria in response to the Assad regime’s use of chemical weapons against civilians. If President Obama decides to go in, it will likely be without congressional authorization. Such a step would create serious constitutional problems similar to


February 11, 2014, 3:43 pm, 1221240

I’ve recently learned that some of my scholarship is cited in a book urging President Obama’s impeachment. As my daughter would say, “How about no.”  It’s reasonable to criticize this Administration’s efforts to expand executive power and its abuses of administrative authority — and I have done so — but ...


February 11, 2014, 3:43 pm, 1221236

Today the White House formally released the names of the committee of “outside experts” to review the NSA’s surveillance practices. A fifth name was added to the list beyond the four leaked last week: Professor Geoffrey Stone of the University of Chicago Law School. I debated ...


February 11, 2014, 3:43 pm, 1221235

Ilya’s post about the unconstitutionality of a military intervention in Syria and Jack Goldsmith’s post about the problem under international law prompted me to wonder: Should we feel the same way about Presidential violations of domestic and international law, or are the two kinds of law morally ...


February 11, 2014, 3:43 pm, 1221232

Fifty years ago today, Martin Luther King, Jr., spoke these immortal words: “I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.” He would ...


February 11, 2014, 3:43 pm, 1221233

Eight Democratic members of Congress are pushing Attorney General Eric Holder to answer questions about the use of NSA surveillance data in the War on Drugs:

Eight Democratic senators and congressmen have asked Attorney General Eric Holder to answer questions about a Reuters report that the National Security Agency supplies ...


February 11, 2014, 3:43 pm, 1221234

In response to my recent Wall Street Journal op-ed, David Whittington writes in to the Journal with a nice Lincoln quote from 1838: “As the patriots of seventy-six did to the support of the Declaration of Independence, so to the support of the Constitution and laws, let every ...


February 11, 2014, 3:43 pm, 1221231

As I noted here, some progressives argue that the U.S. Court of Appeals for the D.C. Circuit is engaged in a “judicial jihad against the regulatory state,” environmental regulations in particular.  It seems someone forgot to tell the judges on the D.C. Circuit, for as Greenwire reports, the ...