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1/50 This is a one-stop-shop thread for all the states in our #50Weeks50Constitutions series.
Remember, the threads are in chronological order of oldest state constitution. First up, New Hampshire:
x.com/IJSanders/stat…
Remember, the threads are in chronological order of oldest state constitution. First up, New Hampshire:
x.com/IJSanders/stat…
1. Before the “united States of America” declared their independence in July 1776, a few of them had pretty much done that already by adopting their own written constitutions. The first one was New Hampshire, on January 5 of that year. #50Weeks50Constitutions
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Tagging a few folks I cite in this piece who may be interested in checking it out, especially @kewhittington. Also @TolerUpdike @ConLawWarrior @RandyEBarnett @CassSunstein
I’ve posted a review of Nikolas Bowie & Daphna Renan’s new book Supremacy. It is a fascinating history. But it comes up short making its case that horizontal judicial review is illegitimate. I detail a few gaps, especially the absence of the state constitutional story. 1/
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I’ve posted a review of Nikolas Bowie & Daphna Renan’s new book Supremacy. It is a fascinating history. But it comes up short making its case that horizontal judicial review is illegitimate. I detail a few gaps, especially the absence of the state constitutional story. 1/
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Also, the 1st Am. says “Congress shall make no law”. Is Congress really supposed to be the ultimate interpreter of what this means? Supremacy doesn’t mention the Bill of Rights much but it seems its answer is “yes.” I think that’s a big problem. 5/
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Supremacy is valuable in telling the story of Americans who have tried to reject HJR from the beginning. But this also reaffirms how anomalous those efforts have been. To my knowledge no state constitution has ever forbidden HJR, even though they all could have. 6/
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Looking forward to reading this!
Hayek For Our Time - just out NOW from @CambridgeUP @CUP_Elements @tylercowen @lsolum @PeterBoettke
cambridge.org/core/elements/…
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Anthony Sanders retweeted
Easy test for any town: pull the zoning map and count how many of your favorite old blocks could legally be built today.
If the answer is "almost none," the rules aren't protecting that character. They're preventing more of it.
If the answer is "almost none," the rules aren't protecting that character. They're preventing more of it.
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Anthony Sanders retweeted
Supreme Court Oral Argument for Hoffman v. WBI Energy Transmission starts soon!
Follow along with the Listener's Guide here: ij.org/case/leonard-h…
Follow along with the Listener's Guide here: ij.org/case/leonard-h…
For the first time in IJ's history, this week we argue not just one but TWO cases back to back at the highest court in the land.
Help fuel IJ's for justice at the U.S. Supreme Court and beyond at IJ.org/donate!
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Anthony Sanders retweeted
Because Social Security is structured like a Ponzi scheme.
CAN SOMEONE WALK ME THROUGH HOW THIS MAKES SENSE
By the time I retire at 65, I'll have paid roughly $480,000 into Social Security between my contributions and my employer's match.
If that same money had just sat in an index fund averaging 7%, it would be worth about $2.1M. The dividends alone off that would be $147,000 a year.
Instead, the government is projecting I'll get $2,600 a month at 65. That's about $31,200 a year.
Someone explain the gap between those two numbers, because I genuinely don't understand where the rest of it goes.
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I love how when people actually *do* call these days they start the conversation by apologizing for calling.
I flaked on more commitments than I have in years this week, and I want to make a PSA out of this: Call people on the phone.
You would not believe how many professional international TV networks toss you an email and don’t go any further. Okay, let me find that email below the 200 pitches that came in right after. I am finding DM requests with no follow up from three days ago. Guess what — I had a lot of DMs on Tuesday!
Call the person’s phone.
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Anthony Sanders retweeted
NEW: Judge Reyes intends to appoint Jessie K. Liu—former US Attorney for the District of Columbia during the first Trump administration—to serve as special master to investigate whether DOJ or Department of Interior counsel have committed ethical violations in the golf course case.
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A result of the change in the Senate I hadn't thought of until now (plus the holding in 𝘊𝘰𝘰𝘬): The Fed has a lot more leeway to raise rates.
Not that the incoming party are fiscal hawks (at all!) but the gridlock insulates current board members.
finance.yahoo.com/economy/policy…
Not that the incoming party are fiscal hawks (at all!) but the gridlock insulates current board members.
finance.yahoo.com/economy/policy…
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What a surprise.
AG Todd Blanche calls fears about Flock cameras "misinformation." Says current networks of license-plate readers present no privacy concerns, despite moves in many states to limit them. Sen. @wyden calls the comments "out of touch." w/Alfred Ng politico.com/news/2026/11/0…
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Anthony Sanders retweeted
Here's a memo from Bill Barr to all U.S. Attorneys, urging them to increase forfeitures so DOJ can meet its budget.
@IJ cites it in our reply brief in Jouppi v. Alaska, where Barr filed an amicus brief supporting Alaska's forfeiture of our client's $95k plane over a 6-pack.
@IJ cites it in our reply brief in Jouppi v. Alaska, where Barr filed an amicus brief supporting Alaska's forfeiture of our client's $95k plane over a 6-pack.
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In which Burhan brags about mercilessly taking a red pen to the city's zoning code. It's quite a YIMBY catharsis.
Our Latest Podcast: 100 Years of Zoning
A Short Circuit Live from Cambridge, MA. We look at zoning's SCOTUS roots & recent reforms, including in Cambridge itself. With @mollyxbrady @realBurhanAzeem & @AriBFla!
ij.org/podcasts/short…
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Just stumbled across this from the 1890 Mississippi con convention. Might be newsworthy? Calls for female suffrage & that court clerks, "Keeper of the Capitol" & state librarian be open to any "white woman." Meanwhile calls to ban blacks from office & repeal the 15th amendment.
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FWIW, more savvy delegates made sure the actual constitution was facially racial neutral (with poll taxes & crime disqualifications galore). Female suffrage failed but the office of State Librarian (but not clerks or the Keeper) was made open to women of at least 20 years.
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Some precedential listening for the weekend.
A new episode of Law Office History! We speak with @cburset about his piece "The Origins of Statutory Stare Decisis." Learn how "common error makes law" (or does it?) & how Parliament made badly written laws that hardly anyone could read anyway. Plus Law French translation tips.
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