List of Post-2017 Blog Posts & Comments at The Originalism Blog by Andrew T. Hyman
(may have inadvertently skipped some)




  "Insurrection and Ripeness" by ATH (15 Sep 2023).

  "Jurisdiction and Residence in the Citizenship Clause" by ATH (30 Jun 2023).

  "John Vlahoplus: Insurrection, Disqualification, and the Presidency" by Michael Ramsey with comment by ATH (13 May 2023).

  "The Civil and Military Power of a State to Resist Unlawful Immigration" by ATH (12 May 2023).

  "The Trillion Dollar Coin (Again)" by ATH (5 May 2023).

  "The Electoral Vote Count and Inauguration Day" by David Weisberg with comment by ATH (27 Mar 2023).

  "The Only Time I Withdrew a Blog Post from the Originalism Blog Pre-Publication Was on January 5, 2021" by ATH (22 Mar 2023).

  "Let's Not Overthink the National Popular Vote Compact Which is Clever but Cannot Work" by ATH (17 Jan 2023).



  "Why Justice Bushrod Washington Rejected a 'Deeply Rooted in History' Standard for Fundamental Rights and Instead Adopted a Broader 'All Times' Standard" by ATH (19 Dec 2022).

  "The U.S. Senate Marriage Bill and the Constitution" by ATH (19 Nov 2022).

  "Not Every Lawsuit About Student Debt Cancellation Should be Cancelled" by ATH (22 Oct 2022).

  "A Comment on Federal Abortion Bans" by ATH (16 Sept 2022).

  "Why the Major Questions Doctrine is a Good Idea" by ATH (10 Sept 2022).

  "A Comment on Michael McConnell's 'Impeachment and Trial After Officials Leave Office'" by ATH (17 Aug 2022).

  "Ex-Officials and the Espionage Act [Updated]" by ATH (14 Aug 2022).

  "The FBI Raid on Ex-President Trump" by ATH (9 Aug 2022).

  "Kurt Lash: The State Citizenship Clause [Updated with a Comment from Andrew Hyman]" by Michael Ramsey (27 Jul 2022).

  "The Insular Cases Initially Did Not Treat Incorporated Territories Differently from Unincorporated Territories With Respect to Birthright U.S. Citizenship" by ATH (7 Jun 2022).

  "A Small Mistake in the Draft Dobbs Opinion at Footnote 22: Corfield v. Coryell Was Not 'Describing Unenumerated Rights'" by ATH (2 Jun 2022).

  "Crema and Solum on Due Process" by ATH (24 May 2022).

  "Judge Kethledge on Sex in Cambodia (Part 2)" by Michael Ramsey with comment by ATH (14 May 2022).

  "Can Criminals Give Congress Expanded Power to Overturn State Laws Regarding Interstate Commerce?" by ATH (7 May 2022).

  "Appointments that Are Incomplete When a New Congress Meets Either Lapse or Can Be Reconsidered by the Senate" by ATH (20 Apr 2022).

  "Insurrection and Disqualification from Serving in Government" by ATH (12 Apr 2022).

  "The Ninth Amendment Contains a Huge Clue About What the Unamended Constitution Meant" by ATH (25 Mar 2022).

  "U.S. Senate Stretches its Limited and Enumerated Powers by Locking States Into Permanent Yearlong Daylight Savings Time" by ATH (17 Mar 2022).

  "Gerard Magliocca on the Original Meaning of the Amnesty Act" by Michael Ramsey with comment by ATH (13 Mar 2022).

  "Pence is Right, Eastman Might Be Right, and Trump is Wrong" by Michael Ramsey with comment by ATH (7 Feb 2022).

  "Congress Must Resubmit the Proposed Equal Rights Amendment to the States" by ATH (29 Jan 2022).

  "Professor Akhil Amar on Congressional Power to Establish Fundamental Rights that Both States and Private Citizens Must Respect" by ATH (6 Jan 2022).



  "Originalism and Dobbs" by Michael Ramsey with comment by ATH (30 Nov 2021).

  "Professors Barnett and Bernick on the Civil Rights Act of 1866" by ATH (24 Nov 2021).

  "The 1791 Understanding of the Bill of Rights Versus the 1868 Understanding" by ATH (21 Nov 2021).

  "Two Weeks to Dobbs" by ATH (17 Nov 2021).

  "New Book: "The Broken Constitution" by Noah Feldman" by Michael Ramsey with comment by ATH (3 Nov 2021).

  "Aaron Tang: The Originalist Case for an Abortion Middle Ground" by Michael Ramsey with comment by ATH (14 Sep 2021).

  "The Issue of Birthright Citizenship in U.S. Territories is Closely Linked to the Issue of Illegal Immigration" by ATH (7 Sep 2021). See also blog posts by ATH linked therein (not listed separately here).

  "Seth Barrett Tillman on the Voting Power of the Senate President Pro Tempore" by Michael Ramsey with comment by ATH (26 Aug 2021).

  "Acquisition of Oregon by Inherent Sovereign Powers: A Reply to Andrew Hyman" by John Vlahoplus with comment by ATH (22 Aug 2021).

  "Acquisition of National Territory Should be Done for Enumerated Constitutional Reasons as Happened in the Case of Oregon" by ATH (20 Aug 2021).

  "Was the U.S. Acquisition of Hawaii Unconstitutional?" by Michael Ramsey with comment by ATH (13 Aug 2021).

  "PennEast and Sovereign Immunity" by ATH (19 Jul 2021).

  "Eric Segall on Stephanie Barclay on Originalism" by Michael Ramsey with comment by ATH (10 Jul 2021).

  "What to do About New York Times v. Sullivan" by ATH (7 Jul 2021).

  "A Group of States Can Collectively Restore Various Old Punishments by Making Them 'Usual' Again Instead of 'Unusual'" by ATH (17 Jun 2021).

  "Can Congress Eliminate the District of Columbia?" by ATH (2 Jun 2021).

  "Harry Litman on Originalism and Expected Applications" by Michael Ramsey with comment by ATH about Plessy v. Ferguson (27 May 2021).

  "Discriminating Between Bostock and Oncale" by ATH (subsequent discussion about this blog post is omitted here) (24 May 2021).

  "The Word 'People' is Broader than the Word 'Militia' in the Second Amendment, and the Prefatory Clause Strongly Suggests a Right to Carry Outside the Home" by ATH (20 May 2021).

  "Is There a Presidential Exception to the Usual Power of Congress to Impose Disqualification for Executive Branch Employment as a Punishment for Federal Crimes?" by ATH (4 May 2021).

  "Thank You to University of Chicago Press For Correcting William Blackstone's Warning" by ATH (27 Apr 2021).

  "Alternative Grounds for Gonzales v. Carhart" by ATH (19 Apr 2021).

  "Colorblindness and Affirmative Action: A Response to Eric Segal" by ATH (1 Apr 2021).

  "The Bastille Key on Display at Mount Vernon" by ATH (8 Mar 2021).

  "Spending Tax Revenue on the 'General Welfare' is Arguably Legal but Spending Borrowed Money for that Purpose Isn't" by ATH (3 Mar 2021).

  "The Federal Anti-Bribery Statute of 1790 Doesn't Prove that the U.S. Presidency is Not an Office of Honor, Trust, or Profit Under the United States" by ATH (21 Feb 2021).

  "A President Who is Impeached and Removed Can be Disqualified From His Own Office as Well as Others" by ATH (11 Feb 2021).

  "The Viability Standard for Abortion Became a Matter of Pragmatic Concern Long After 1868" by ATH (7 Feb 2021).

  "An Interesting Impeachment Argument from Michael McConnell" by Michael Ramsey with comment by ATH (30 Jan 2021).

  "A Response to Andrew Hyman on Section 3 of the Fourteenth Amendment" by Seth Barrett Tillman and Josh Blackman with comment by ATH (26 Jan 2021).

  "Section Three of the Fourteenth Amendment Does Apply to the Presidency" by ATH (24 Jan 2021).

  "A Textualist/Originalist Case Against the Power to Impeach and Try Former Presidents" by Michael Ramsey with comment by ATH (18 Jan 2021).

  "Impeachment and Silver Blaze" by ATH (12 Jan 2021).

  "Shipwrecks and National Monuments and Corpus Linguistics" by ATH (1 Jan 2021).



  "Did Texas Governor Greg Abbott Defy the Texas Legislature's Election Rules?" by ATH (13 Dec 2020).

  "Why Justices Thomas and Alito are Correct About Mandatory SCOTUS Jurisdiction" by ATH (10 Dec 2020).

  "If Senator Harris Becomes Vice President She Would Indeed Have to Resign As Senator From California" by ATH (2 Dec 2020).

  "How Many State Citizenships is a Billionaire Entitled to Under the Fourteenth Amendment?" by ATH (31 Oct 2020).

  "There's a Constitutional Limit on Borrowing by Congress Even Without a Balanced Budget Amendment" by ATH (21 Oct 2020).

  "Judicial Power to Deliberately Prolong a Misinterpretation of the Constitution Does Not Exist" by ATH (18 Oct 2020).

  "Can the Vice President Break a Tie on Appointments?" by Michael Ramsey with comment by ATH (25 Sep 2020).

  "An Unconstitutional Trick: Packing the Union" by ATH (23 Sep 2020).

  "In the McGirt Case the Courts Should Have Held the Major Crimes Act Unconstitutional as Applied" by ATH (15 Jul 2020).

  "The Faithless Electors Case: Not as Bad as it Might Have Been" by Michael Ramsey with comment by ATH (7 Jul 2020).

  "Scalia on Merryman" by ATH (21 May 2020).

  "The Prospect of Presidential Adjournments Will Probably Cause the House and Senate to Agree With Each Other Which Would be Fine" by ATH (18 Apr 2020).

  "Does Hamilton's 1793 Treasury Report Mean that POTUS Does not Hold an 'Office Under the United States'?" by ATH (5 Apr 2020).

  "Recent Opinions From Harvard Professors Goldsmith and Vermeule" by ATH (1 Apr 2020).

  "Joe Biden and the Ninth Amendment" by ATH (11 Feb 2020).

  "State Criminal Laws Applied Against Federal Officials From Day One" by ATH (29 Jan 2020).

  "Darrell Miller: Owning Heller" by Michael Ramsey with comment from ATH (24 Jan 2020).

  "The House of Representatives Has Still Not Yet Accomplished the Purported Impeachment of President Trump" by ATH (10 Jan 2020).



  "Jeffrey Toobin's Abortion Prediction" by ATH (29 Dec 2019).

  "President Trump Has Not Yet Been Impeached Even Though the House Approved Articles of Impeachment" by ATH (19 Dec 2019).

  "The Original Constitutional Meaning of Bribery as Applied to the Ukraine Scandal" by ATH (21 Nov 2019).

  "The Speech of Jacob Howard, the Prevalent Rights Theory, and the Decision in Brown v. Board of Education" by Earl Maltz with comment by ATH (16 Oct 2019).

  "Prevalent Rights Theory" by ATH (14 Oct 2019).

  "Title VII and Sexual Orientation Discrimination" by ATH (10 Oct 2019).

  "Negative Misprisions Are Not Grounds for Impeachment" by ATH (4 Oct 2019).

  "A Brief Reply to Michael Ramsey Regarding Korematsu" by ATH (23 Sep 2019).

  "A Few Thoughts About Korematsu (and Justice Gorsuch)" by ATH (19 Sep 2019).

  "Colfax on the Rights of U.S. Citizens" by ATH (12 Sep 2019).

  "The Original Meaning of Section I of Amendment XIV All in One Blog Post" by ATH (19 Aug 2019).

  "Why the Word 'Expressly' was Omitted From the Tenth Amendment" by ATH (12 Jul 2019).

  "George Will on Using the Declaration of Independence to Construe the Constitution" by ATH (8 Jul 2019).

  "Why the Full Faith and Credit Clause Supports the Supreme Court's Decision in Hyatt" by ATH (24 Jun 2019).

  "George Will and the Ninth Amendment" by ATH (18 Jun 2019).

  "Hyatt I, II, and III" by ATH (26 May 2019).

  "Divesting the President of Power to Prosecute" by ATH (14 May 2019).

  "Why Madison's Phrase About Enlarging Federal Power Was Removed From the Ninth Amendment" by ATH (3 May 2019).

  "What an 'Inalienable Natural Right' Originally Meant" by ATH (28 Apr 2019).

  "A Response to Mike Rappaport on the Ninth Amendment" by ATH (18 Apr 2019).

  "Proposals to Stay a SCOTUS Decision Out of Respect for Reliance Interests" by ATH (19 Mar 2019).

  "The Very First Appropriations Bill Enacted by Congress" by ATH (25 Jan 2019).

  "The Relevance of Edward Coke's Original Meaning: A Reply to Evan Bernick" by ATH (20 Jan 2019).



  "Two Unanticipated Consequences of Straying from Original Meaning: Self-Pardons and Treating Taxes Like Excessive Fines" by ATH (17 Dec 2018).

  "Incorporating the Grand Jury Right Against the States" by ATH (10 Dec 2018).

  "Timbs and Substantive Due Process" by ATH (4 Dec 2018).

  "Old English Law Indicates that 'Six Months' is the Maximum Necessary and Proper Constitutional Limit on Tenure of Acting Cabinet Secretaries" by ATH (16 Nov 2018).

  "Why the Whitaker Appointment Complies With the Original Meaning of the Constitution" by ATH (13 Nov 2018).

  "Is the Federal Vacancies Reform Act Constitutional?" by ATH with comments by Michael Ramsey (10 Nov 2018).

  "Does Illegal Immigration Necessarily Consist of 'Aliens in Amity' With the U.S.?" by ATH (31 Oct 2018).

  "Professor Segall is Mostly Correct 'IMHO'" by ATH (30 Oct 2018).

  "Two Videos (Sessions and Roberts)" by ATH (18 Oct 2018).

  "Alexander Hamilton and the Vice President's Tiebreaker" by ATH (10 Oct 2018).

  "The Law of Nations as of 1789 Forbade Immigration Without Permission, Contra Professor Somin" by ATH (19 Sep 2018).

  "The Word 'Textualist' is too Vague" by ATH (5 Sep 2018).

  "The 'Entry Fiction' and the Citizenship Clause" by ATH (17 Aug 2018).

  "The Only Way that a U.S. Attorney General May Self-Recuse" by ATH (6 Aug 2018).

  "Birthright Citizenship: What the Meaning of 'in' is" by ATH (24 Jul 2018).

  "There Are Not Supposed to Be Any Unwritten Judge-Made Exceptions to the Speech and Press Clause" by ATH (22 Jul 2018).

  "Mark Kleiman on Originalism and Immigration" by Michael Ramsey with update by ATH (18 Jul 2018).

  "SCOTUS Pick Set for July 9: Two Thoughts on Judge Kavanaugh" by ATH (4 Jul 2018).

  "Timbs v. Indiana" by ATH (21 Jun 2018).

  "A Brief Response to Professor McConnell on Self-Pardons" by ATH (13 Jun 2018).

  "Mark Pulliam on Good Faith Judging" by Mike Ramsey with comment by ATH (3 Jun 2018).

  "Barnett, Bernick, and Gorsuch on Coke" by ATH (16 May 2018).

  "The Nolle Prosequi Power of Vice President Mike Pence" by ATH (2 May 2018).

  "The Supreme Court and the 'Modern Liberal Judicial Activist's Favorite Tool'" by ATH (15 Mar 2018).

  "The Implications of Slaughter-House Have Changed According to That Opinion's Own Terms" by ATH (14 Feb 2018).



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Last Updated in 2022.