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Mike Rappaport Website Subscribe

Professor Rappaport is Darling Foundation Professor of Law at the University of San Diego, where he also serves as the Director of the Center for the Study of Constitutional Originalism. Professor Rappaport is the author of numerous law review articles in journals such as the Yale Law Journal, the Virginia Law Review, the Georgetown Law Review, and the University of Pennsylvania Law Review. His book, Originalism and the Good Constitution, which is coauthored with John McGinnis, was published by the Harvard University Press in 2013.  Professor Rappaport is a graduate of the Yale Law School, where he received a JD and a DCL (Law and Political Theory).

November 5, 2018|Andrew McCarthy, Birthright citizenship, Nonoriginalism, Originalism

More on Birthright Citizenship: Nonoriginalism Allows the Denial of Birthright Citizenship but Originalism Does Not  

by Mike Rappaport|14 Comments

Image: Pamela Au / Shutterstock.com
Advocates and opponents of birthright citizenship are stuck in a dilemma: originalism binds us to accept it, nonoriginalism offers room to deny it.

November 1, 2018|Birthright citizenship, Nonoriginalism, Originalism

Birthright Citizenship: Originalism and Nonoriginalism

by Mike Rappaport|8 Comments

Protesters march from Dolores Park in the Mission District to City Hall in San Francisco, CA, June 30, 2018 to protest U.S. immigration policy (Eddie Hernandez Photography / Shutterstock.com).
There is a strong nonoriginalist argument for reading the 14th Amendment not to confer birthright citizenship, but not much room for originalists to agree.

October 30, 2018|Platforms, social media, Soft Regulation

Softly Regulating Social Media Platforms

by Mike Rappaport|3 Comments

Image: Lenka Horavova/Shutterstock.com.
Even if it is consistent with classical liberal principles to regulate those platforms, is it a good idea?

October 23, 2018|constitutional norms, Court-Packing, filibustering of judicial nominees, suprme court vacancies

The Attack on Constitutional Norms: The Case of the Supreme Court  

by Mike Rappaport|4 Comments

Image: Mike Focus/Shutterstock.com
Although constitutional norms are essential to the functioning of our country, they are under serious attack.

October 19, 2018|Bill Clinton, Donald Trump, Electoral College, George H. W. Bush, Ross Perot

Democracy in America: The Electoral College versus Third Party Candidates

by Mike Rappaport|6 Comments

Ross Perot speaks at a petition drive in Orange County, California in 1992 (Joseph Sohm/Shutterstock.com).
Even assuming that the electoral college is a defect in our democracy, the possibility of third party candidates that spoil elections is a worse problem.

October 16, 2018|constitutional amendments, Court-Packing, Term Limits Jim Lindgren

Prohibiting Court Packing by Constitutional Amendment

by Mike Rappaport|2 Comments

U.S. Supreme Court chambers (stock_photo_world / Shutterstock.com).
A constitutional obstacle to court packing would be tremendously valuable, but it might have downsides as well.

October 11, 2018|consensus interpretation, Historians, original meaning, Originalism

An Important Difference Between Historians and Originalist Law Professors

by Mike Rappaport|1 Comment

Linda MacPherson/Shutterstock.com.
Objectives in studying the past matter, because there is a difference between the historian's “what the past is telling us” and original meaning.

October 4, 2018|Ford, Judicial Temperament, Kavanaugh, Withrow v. Larkin

Judge Kavanaugh’s Judicial Temperament

by Mike Rappaport|17 Comments

Judge Brett Kavanaugh sworn in during his Senate confirmation hearing, Washington, DC, United States, Sept. 4, 2018. (Credit: Ting Shen/Xinhua/Alamy Stock Images).
Listen to the Supreme Court: Judge Kavanaugh’s behavior before the committee is no reason to vote against his confirmation.

October 1, 2018|Brett Kavanaugh, Christine Blasey Ford, Senate, Supreme Court confirmation

The Multiple Levels of the Ford-Kavanaugh Controversy

by Mike Rappaport|39 Comments

Demonstration in front of Supreme Court to protest Brett Kavanaugh's nomination, September 28, 2018 (Image: bakdc/shutterstock.com).
The Ford-Kavanaugh controversy raises issues at several levels of analysis, and we should be careful in assessing each on its own terms.

September 26, 2018|Amanda Tyler, habeas corpus, Nonoriginalism, Originalism

Amanda Tyler and the Original Meaning of the Habeas Corpus Suspension Clause

by Mike Rappaport|3 Comments

Image credit: aerogondo2/shutterstock.com.
Nonoriginalism does not necessarily protect rights better than the alternatives: Amanda Tyler's new book on habeas corpus in wartime offers a corrective.
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Book Reviews

Peter Onuf’s Jefferson

by Kevin Gutzman

A great historian shows us how much there is still to learn about the nation’s third President.

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The Birth, and Digital Death, of the Electric Dream

by James Poulos

Those shaped by the televisual imagination, like author James Williams, were staggeringly naïve and optimistic at the time of social media’s advent.

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Liberty Classics

Remembering an Aristotelian Radical: Henry Veatch and Rational Man

by Douglas B. Rasmussen, Douglas J. Den Uyl

Veatch sees human beings as part of a natural order that is not ultimately constructed by humans but is nonetheless knowable and open to human flourishing.

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Restoring the Tools of Liberal Learning

by Timothy Fuller

In Liberty Fund's first published book, Education in a Free Society, liberal learning is shown to be the foundation of liberty.

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Podcasts

Hamilton, Madison, and American Oligarchy: A Conversation with Jay Cost

A discussion with Jay Cost

Jay Cost, author of The Price of Greatness, discusses the political and economic debates between Hamilton and Madison.

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Knowledge, Risk, and the Surprised Banker: A Conversation with Alex Pollock

A discussion with Alex J. Pollock

Alex Pollock discusses the philosophy of finance and why the quant guys keep getting it wrong.

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Getting Right with Nationalism: A Conversation with Yoram Hazony

A discussion with Yoram Hazony

Yoram Hazony discusses why nationalism produces a politics of freedom, prosperity, and peace.

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The Peronist Pope Francis: A Conversation with Daniel Mahoney

A discussion with Daniel J. Mahoney

Daniel Mahoney discusses Pope Francis's approach to the papacy and world politics.

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Recent Posts

  • Government by Emergency: Are Two Generations of Crisis Enough?

    The oldest emergency proclamation dates to the Carter Administration, 40 years ago. Two generations of crisis are enough.
    by Greg Weiner

  • The President’s Emergency Declaration Is the Congressional Check on Presidential Power

    President Trump’s declaration of a national emergency is the check on executive prerogative, not the exercise of it.
    by James R. Rogers

  • Completely Unjustified Occupational Licensing

    Occupational licensing is dangerous and we should almost always rely upon certification.
    by Mike Rappaport

  • Harold Ramis, Unlikely Prophet of Trump

    Nobody stopped to think these films were not just comedy, but also stories about a coming class conflict in America.
    by Titus Techera

  • Judicial Statesmanship versus Judicial Fidelity

    Since the boundaries of left and right are always changing, a court focused on retaining its political capital would have the constancy of a weather vane.
    by John O. McGinnis

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Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

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