Constitution and Supreme Court roundup

  • Coming up next Tuesday, Sept. 18, in Washington: Cato Constitution Day. Be there! [schedule]
  • In the unlikely event Congress enacts federal limits on state malpractice suits, Prof. Randy Barnett says he expects to help with a court challenge [Andrew Cochran, earlier]
  • Michael Uhlmann reviews Michael Greve’s The Upside-Down Constitution, and Greve responds [Claremont, Liberty and Law] A New Hampshire story: our “cooperative federalism” can’t replace a simple bridge [Mark Steyn]
  • Broad discretionary search of citizens’ private papers? FISA strains Fourth Amendment [Julian Sanchez]
  • Paging Akhil Amar: Romney on Meet the Press says “I am as conservative as the constitution” [Tucson Citizen] Randy Barnett vs. Amar on progressive constitutionalism [WSJ, Volokh]
  • “Constitutional Places: The Carolene Products Factory That Straddled The Border Between Missouri and Oklahoma, But Did Not Engage In Interstate Commerce” [Josh Blackman, with picture and diagram of filled-milk plant]
  • “More thoughts on Justice Sutherland” [Magliocca, ConcurOp]
  • Seize first, compensate later? Cato files amicus in raisin-farmer takings case [Ilya Shapiro]
  • “What Were They Thinking: The Supreme Court in Revue 2011” [John Elwood & Eric White, Green Bag, PDF]

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