Mark Graber

It is also statutory interpretation of a statute that has been revised. See also Milligan, which rejects a presidential judgment about the need for military to engage in law enforcement.

On birthright citizenship. Curiously, the main source is the thirteenth amendment, not the fourteenth. Republicans believed that persons were either aliens or citizens. There was no other category. So once slaves were emancipated, they automatically became citizens.

The Cambridge Companion to the Declaration of Independence | Cambridge University Press & Assessment

Officially on sale in the lobby.

www.cambridge.org/us/universit...

Actually, this is horribly wrong. I am not going to be in any of the three categories. Does not make any of this less of a wrong.

I use the first, but no one cares.

The Cambridge Companion to the Declaration of Independence (Cambridge Companions to American Studies) The Cambridge Companion to the Declaration of Independence (Cambridge Companions to American Studies) [Graber, Mark A., Zuckert, Michael] on Amazon.com. *FREE* shipping on qualifying offers. The Cambridge Companion to the Declaration of Independence (Cambridge Companions to American Studies)

On pre-sale in the lobby. Lots of wonderful essays (and I contribute on how the insights the four children of the Passover service might influence our approach to the Declaration. www.amazon.com/Cambridge-Co...

Brown compiles 'voluminous' record of legal challenges to Trump administration policies - Maryland Matters Maryland Attorney General Anthony Brown has joined more than 100 legal actions against Trump administration policies. Critics say he's playing political games, but Brown says he's merely protecting th...

More adventures of the headline hog.

marylandmatters.org/2025/11/07/b...

For the record, we made it.

We may need Paul Revere

So far so good. At the airport flying back from the Loyola Constitutional Law Colloquium. Spouse is flying back from a psychiatry conference in Toronto. Will we both get to Boston for a performance of Guys and Dolls starring daughter 3?

On the meaning of "regular forces" in 1908. balkin.blogspot.com/2025/11/regu...

Historical experience suggests that when a justice disappoints their immediate political sponsor, there is almost always both a political and a legal reason for the disappointment, that pure law rarely triumphs over pure politics.

Graber also believes law matters, but not that only law matters. We need more sophisticated analysis that detail the place between blind faith and pure cynicism.

Could it possibly be that both Spanberger and Mamdani are the future of the Democratic party and that future depends on their supporters learning to get along and support different kinds of Democrats in different places?

Justice Barrett’s Campaign Biography Amy Coney Barrett’s book, "Listening to the Law," claims the Supreme Court is above politics. Its very existence proves otherwise.

On why judicial biographies are almost always bad, unless you collect cliches. washingtonmonthly.com/2025/11/02/a...

Excited to join

Section 6 of the Trump Compact mandates that the Justice Department determines who is a man and a woman and not individual students, even when their claim is based on medicine, philosophy, and other academic disciplines. Who gets tenor parts depends on the DOJ, not their voice.

Under Part 5 of Trump's Compact's the DOJ determines grading curves and whether a professor acts fairly who gives an A to essays that demonstrate the unitary executive is an historical fiction or that aspirin is not a leading cause of autism.

Under Part 4 of the Compact, the DOJ determines whether a med school can comment on policies that threaten public health, such as sharp limits on vaccination, and a law school can comment on policies that threaten the rule of law, such as singling out specific people for revenge prosecutions.

Under Section 3 of Compact the Department of Justice gets to determine whether women and persons of color with outstanding achievements were nevertheless hired because of their race or gender (but not apparently whether less qualified conservatives are being hired for prestigious positions).

Under Part II of the Compact with Universities, the DOJ decides whether university members can belittle the idea that bleach can cure COVID or that abortion is a leading cause of breast cancer.

Part I of Trump's academic compact would permit the DOJ to decide whether a graduate school could recruit at an historic black college or university and how much weight a graduate program in philosophy could place on a submitted essay as opposed to a standardized test.

The core of academic freedom is the principle that university presidents, deans, and faculty determine how best to produce and disseminate knowledge. The Compact would make the Department of Justice the final authority on how to best produce and disseminate knowledge. It's that simple.

One way of integrating Martin v. Mott is that the president determines when to federalize the national guard, but the Constitution determines how they may be deployed

Oregon correctly claimed that Trump's federalization of the Oregon militia deprived Oregon of members of the state militia that might have other uses. If the federal government federalizes state prosecutors or a state park, the state has been injured. So we do not have to wait for other injuries.

Good to win in Oregon, but judge too broadly defined presidential power to use military for law enforcement. 19th law forbids usage unless courts are closed and/or marshals cannot enforce judicial decrees.

Just filed (or CREW filed for me) an amicus brief indicating that deployment of state militia in Oregon is inconsistent with historic practices. Little difference between that brief and the California brief. Happy to share for those interested.

YouTube video by Times Radio Trump’s real strategy is to keep ‘low-information’ voters in the dark | Mark Graber

Some thoughts on Kimmel and of how the marketplace of ideas merges into the commercial marketplace.
www.youtube.com/watch?v=tDk6...

I am listening to the Prime Minister of the United Kingdom on the Middle East (I am on next for a Kirk discussion). Calm, rational, intelligent call for a two-state solution. You can disagree, but the contrast with the President of the United States is stunning.

What Americans Googled After Charlie Kirk Died Speaks Volumes About Where We Are As A Country Since Charlie Kirk’s assassination, there has been much confusion over this phrase.

The drip-drip of free speech weakening

www.huffpost.com/entry/jimmy-...