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Julian Davis Mortenson

Bylines

  • Holes punched in the Constitution.

    There’s No Historical Justification for One of the Most Dangerous Ideas in American Law

    The Founders didn’t believe that broad delegations of legislative power violated the Constitution, but conservative originalists keep insisting otherwise.
    by Julian Davis Mortenson, Nicholas Bagley via The Atlantic on May 26, 2020
  • What Two Crucial Words in the Constitution Actually Mean

    I reviewed publications from the founding era, and discovered that “executive power” doesn’t imply what most scholars thought.
    by Julian Davis Mortenson via The Atlantic on June 2, 2019

Related Excerpts

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A portrait of Dred Scott.

The Importance of Teaching Dred Scott

By limiting discussion of the infamous Supreme Court decision, law-school professors risk minimizing the role of racism in American history.
by Jeannie Suk Gersen via The New Yorker on June 8, 2021
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