Law Commons^™

Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’S Incompatibility Clause, Seth Barrett Tillman

Seth Barrett Tillman

In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that …

Textualist Hedgehogs And Structuralist Foxes: A Reply To The Critics Of My Incompatibility Clause Jurisprudence (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This is a placeholder for my future reply to Professor Saikrishna Bangalore Prakash's response, along with some related further responses to arguments put forward by Professor Steven G. Calabresi.

The Calabresi-Tillman exchange appears below under "Related Files".

This paper is not yet drafted.

[June 2, 2010]

Opening Statement: Why President-Elect Obama May Keep His Senate Seat After Assuming The Presidency, Seth Barrett Tillman

Seth Barrett Tillman

In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that …

Brief: Noe V. Kropf: Plaintiffs' Memorandum Of Law -- Filed December 9, 2008 -- In The Delaware Court Of Chancery Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

Plaintiffs' Reply in Support of their Motion for Default Judgment, Motion for Judgment on the Pleadings and Motion for Attorneys' Fees and Costs at 12, Noe v. Kropf (Del. Ch. Dec. 9, 2008) (No. 4050-CC) (citing C. Stephen Bigler & Seth Barrett Tillman, Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law, 63 Bus. Law. 1109 (2008)) (filed by Greenberg Traurig, LLP), 2008 WL 5202998, 2008 DE Ch. Ct. Motions LEXIS 36, at *18, available at http://works.bepress.com/seth_barrett_tillman/107/.

Chancellor William B. Chandler III ruled on Plaintiffs' Motion for Default Judgment and on Intervenor's Motion for Attorneys' Fees and …

Brief: Noe V. Kropf: Intervenor's Memorandum Of Law -- Filed December 4, 2008 -- In The Delaware Court Of Chancery Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

Intervenor Turnaround Advisors LLC's (1) Opposition to Plaintiffs' Motion for Default Judgment, Motion for Judgment in the Pleadings and Motion for Attorneys' Fees and Costs; and (2) Opening Brief in Support of its Motion for Attorneys' Fees and Costs at 14 nn.42, 45 & 47, 16 n.55, 18 nn.65 & 67, 19 nn.69-72, Noe v. Kropf (Del. Ch. Dec. 4, 2008) (No. 4050-CC) (citing C. Stephen Bigler & Seth Barrett Tillman, Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law, 63 Bus. Law. 1109 (2008)) (filed by Fish & Richardson P.C.), 2008 WL 5196082, 2008 DE Ch. …

Closing Statement: An "Utterly Implausible" Interpretation Of The Constitution: A Reply To Professor Steven G. Calabresi, Seth Barrett Tillman

Seth Barrett Tillman

In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that …

A Reply To My Well Meaning Critics (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

Tillman's opening paper can be found at: Seth Barrett Tillman, Blushing Our Way Past Historical Fact And Fiction: A Response to Professor Geoffrey R. Stone's Melville B. Nimmer Memorial Lecture and Essay, 114 Penn St. L. Rev. 391 (2009) (unabridged version), available at http://works.bepress.com/seth_barrett_tillman/111/, also available at http://ssrn.com/abstract=1333576; Seth Barrett Tillman, Blushing Our Way Past History, 2009 Cardozo L. Rev. de novo 46 (abridged version), http://tinyurl.com/qcql96, also available at http://works.bepress.com/seth_barrett_tillman/123/, also available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1399661.

Professors Blomquist, Sheppard, Peabody, and Green (forthcoming) have written critiques of (aspects of) my paper (or of Stone-Tillman), and I will reply here.

[April 29, 2011]

Brief: Noe V. Kropf: Plaintiffs' Memorandum Of Law -- Filed November 12, 2008 -- In The Delaware Court Of Chancery Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

Plaintiffs' Motion for Default Judgment, Motion for Judgment on the Pleadings, and Motion for Attorneys' Fees and Costs at 14, Noe v. Kropf (Del. Ch. Nov. 12, 2008) (No. 4050-CC) (citing C. Stephen Bigler & Seth Barrett Tillman, Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law, 63 Bus. Law. 1109 (2008)) (filed by Greenberg Traurig, LLP), 2008 WL 4903893, 2008 DE Ch. Ct. Motions LEXIS 34, at *22, available at http://works.bepress.com/seth_barrett_tillman/97/.

Chancellor William B. Chandler III ruled on Plaintiffs' Motion for Default Judgment and on Intervenor's Motion for Attorneys' Fees and Costs on January 15, 2009 …

Extract From Practice Points In Esource: The Monthly Electronic Newsletter Of The Aba Section Of Business Law Citing Bigler And Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Practice Points in eSource: The Monthly Electronic Newsletter of the ABA Section of Business Law.

[August 11, 2010]

Brief: Noe V. Kropf: Intervenor's Memorandum Of Law -- Filed October 3, 2008 -- In The Delaware Court Of Chancery Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

Turnaround Advisors, LLC's Reply Brief in Support of its Combined Motion to Intervene and to Vacate Order to Expedite Proceedings passim, Noe v. Kropf, 2008 WL 4603577, 2008 Del. Ch. LEXIS 148 (Del. Ch. Oct. 3, 2008) (No. 4050-CC) (citing C. Stephen Bigler & Seth Barrett Tillman, Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law, 63 Bus. Law. 1109 (2008)) (filed by Fish & Richardson P.C.), 2008 WL 4532882, 2008 DE Ch. Ct. Motions LEXIS 30, passim, available at http://works.bepress.com/seth_barrett_tillman/90/.

[The Court of Chancery's letter decision on the motion is attached as a related file. See …

Observer, Study Committee – Uniform Faithful Presidential Electors Act, Seth Barrett Tillman

Seth Barrett Tillman

I was an observer on the National Conference of Commissioners on Uniform State Laws: Study Committee – Uniform Faithful Presidential Electors Act, which met from September 2008 to October 2010. Professor Robert Bennett was the reporter.

The model statute is attached.

[August 27, 2013]

Citation List: Peer Reviewed Publications, Seth Barrett Tillman

Seth Barrett Tillman

This list collects citations and acknowledgements to my publications appearing in peer reviewed journals.
[25 May 2016]

Extract From Rotunda & Nowak, Treatise On Constitutional Law (4th Ed. Supp. 2008) Citing Bruhl-Tillman Exchange On Article I'S Bicameralism Requirement, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract fom Rotunda and Nowak's Treatise on Constitutional Law. The extract cites the 2007 Bruhl-Tillman exchange on the nature of the bicameralism requirement of Article I, particularly with respect to contemporaneity in lawmaking.

2 Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law: Substance and Procedure § 10.6(e) n.37 (4th ed. Supp. 2008).

Reprinted from Nowak and Rotunda's Treatise on Constitutional Law: Substance and Procedure, 4th, with permission. Copyright (C) 2008 Thomson/West. No further distribution may be made. For additional information about this title please visit www.west.thomson.com.

[August 17, 2010]

Extract From United States Code Service, Section On Article I, Section 7, Clause 2, Citing Tillman's A Textualist Defense And Citing Tillman's Reply To Bruhl, Seth Barrett Tillman

Seth Barrett Tillman

Extract from USCS.

[December 10, 2008]

H. Abbie Erler, Article 5 And Executive Leadership: Predicting Calls For Amendments, Midwest Political Science Association Annual National Conference (Chicago, Il, Apr. 3, 2008), Citing Tillman's A Textualist Defense, Seth Barrett Tillman

Seth Barrett Tillman

H. Abbie Erler, Article 5 and Executive Leadership: Predicting Calls for Amendments, Midwest Political Science Association Annual National Conference 15 n.29, 16 n.32 (Chicago, IL, Apr. 3, 2008), citing Tillman's A Textualist Defense.

[February 2, 2014]

Extract From United States Code Annotated, Section On Article Ii, Section 2, Clause 3, Citing Kalt-Tillman Exchange, Seth Barrett Tillman

Seth Barrett Tillman

Extract from USCA.

[December 10, 2008]

Extract From United States Code Annotated, Section On Article Ii, Section 3, Citing Tillman's Betwixt Principle And Practice: Tara Ross's Defense Of The Electoral College, Seth Barrett Tillman

Seth Barrett Tillman

Extract from USCA.

[December 10, 2008]

Extract From United States Code Annotated, Section On Amendment Xii, Citing Tillman's Betwixt Principle And Practice: Tara Ross's Defense Of The Electoral College, Seth Barrett Tillman

Seth Barrett Tillman

Extract from USCA.

[December 10, 2008]

Extract From Michael I. Meyerson's Liberty's Blueprint Citing Tillman's The Federalist Papers As Reliable Historical Source Material For Constitutional Interprtation, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Michael I. Meyerson's Liberty's Blueprint: How Madison and Hamilton Wrote The Federalist Papers, Defined the Constitution, and Made Democracy Safe for the World citing Tillman's The Federalist Papers as Reliable Historical Source Material for Constitutional Interpretation.

See Michael I. Meyerson, Liberty's Blueprint: How Madison and Hamilton Wrote The Federalist Papers, Defined the Constitution, and Made Democracy Safe for the World 158, 272, 296 (2008).

[August 16, 2010]

Legislative Officer Succession: Part I, Seth Barrett Tillman

Seth Barrett Tillman

A trilogy of highly influential and frequently cited articles published by Professors Akhil Reed Amar, Vikram David Amar, John F. Manning, and Steven G. Calabresi in the Stanford Law Review in 1995 generally took the position, with varying degrees of confidence, that as a matter of original public meaning, the Constitution precludes legislative officers from succeeding to the presidency under the Succession Clause. The Succession Clause provides:

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the …

Legislative Officer Succession - Chart A, Seth Barrett Tillman

Seth Barrett Tillman

[May 4, 2011]

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Legislative Officer Succession - Chart C, Seth Barrett Tillman

Seth Barrett Tillman

[May 3, 2011]

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Legislative Officer Succession - Chart B, Seth Barrett Tillman

Seth Barrett Tillman

[May 2, 2011]

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Legislative Officer Succession - Chart D, Seth Barrett Tillman

Seth Barrett Tillman

[May 3, 2011]

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Legislative Officer Succession - Chart F, Seth Barrett Tillman

Seth Barrett Tillman

[May 3, 2011]

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Legislative Officer Succession - Chart B1, Seth Barrett Tillman

Seth Barrett Tillman

[May 4, 2011]

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Legislative Officer Succession - Chart H, Seth Barrett Tillman

Seth Barrett Tillman

[May 4, 2011]

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Legislative Officer Succession - Chart E, Seth Barrett Tillman

Seth Barrett Tillman

[May 3, 2011]

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Legislative Officer Succession - Chart E1, Seth Barrett Tillman

Seth Barrett Tillman

[May 3, 2011]

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Legislative Officer Succession - Chart G, Seth Barrett Tillman

Seth Barrett Tillman

[May 4, 2011]

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