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Seth Barrett Tillman

L. Constitutional Theory & History (2009, 2010, 2012, 2013, 2014, 2015, forthcoming, and working papers)

Articles 1 - 21 of 21

Full-Text Articles in Law

Citation List To Lincoln And Merryman, Seth Barrett Tillman Jun 2015

Citation List To Lincoln And Merryman, Seth Barrett Tillman

Seth Barrett Tillman

Citation list to Tillman's Lincoln and Merryman.

[21 June 2015]


Citation List To Originalism & The Scope Of The Constitution’S Disqualification Clause, Seth Barrett Tillman Aug 2014

Citation List To Originalism & The Scope Of The Constitution’S Disqualification Clause, Seth Barrett Tillman

Seth Barrett Tillman

This is a citation list to "Originalism & The Scope of the Constitution's Disqualification Clause".[12 May 2015]


Citation List To Why Professor Lessig's Dependence-Corruption Is Not A Founding-Era Concept Jul 2014

Citation List To Why Professor Lessig's Dependence-Corruption Is Not A Founding-Era Concept

Seth Barrett Tillman

This is a citation list to "Why Professor Lessig's Dependence-Corruption is not a Fouding-Era Concept" published on Constitution Daily, and forthcoming in Election Law Journal.
[11 January 2016]


Zephyr Teachout, Parchment Barriers: Why Tillman And Natelson Are Wrong About The Anti-Corruption Principle On Concurring Opinions (2013), Seth Barrett Tillman Jun 2014

Zephyr Teachout, Parchment Barriers: Why Tillman And Natelson Are Wrong About The Anti-Corruption Principle On Concurring Opinions (2013), Seth Barrett Tillman

Seth Barrett Tillman

Zephyr Teachout, Parchment Barriers: Why Tillman and Natelson Are Wrong about the Anti-Corruption Principle, Concurring Opinions (Oct. 28, 2013, 11:44 AM), http://tinyurl.com/pdsrysa (also cross-posted on Nexis). [December 31, 2013]


Citation List To "Six Puzzles For Professor Akhil Amar," "The Puzzles," And "The Answers", Seth Barrett Tillman Nov 2013

Citation List To "Six Puzzles For Professor Akhil Amar," "The Puzzles," And "The Answers", Seth Barrett Tillman

Seth Barrett Tillman

This is a citation list to Tillman's "Six Puzzles for Professor Akhil Amar," "The Puzzles," and "The Answers."[27 April 2015]


A Seventh Puzzle For Professor Akhil Amar: About That Madison-Pendleton Letter, Seth Barrett Tillman Oct 2013

A Seventh Puzzle For Professor Akhil Amar: About That Madison-Pendleton Letter, Seth Barrett Tillman

Seth Barrett Tillman

A Seventh Puzzle for Professor Akhil Amar:

About that Madison-Pendleton Letter (2013).

[September 4, 2013]


Citation List To Interpreting Precise Constitutional Text: The Argument For A “New” Interpretation Of The Incompatibility Clause, The Removal & Disqualification Clause, And The Religious Test Clause–A Response To Professor Josh Chafetz’S Impeachment & Assassination, Seth Barrett Tillman Aug 2013

Citation List To Interpreting Precise Constitutional Text: The Argument For A “New” Interpretation Of The Incompatibility Clause, The Removal & Disqualification Clause, And The Religious Test Clause–A Response To Professor Josh Chafetz’S Impeachment & Assassination, Seth Barrett Tillman

Seth Barrett Tillman

This is a citation list to "Interpreting Precise Constitutional Text: The Argument for a “New” Interpretation of the Incompatibility Clause, the Removal & Disqualification Clause, and the Religious Test Clause–A Response to Professor Josh Chafetz’s Impeachment & Assassination".[1 December 2015]


Interpreting Precise Constitutional Text: The Argument For A “New” Interpretation Of The Incompatibility Clause, The Removal & Disqualification Clause, And The Religious Test Clause–A Response To Professor Josh Chafetz’S Impeachment & Assassination (2013), Seth Barrett Tillman Aug 2013

Interpreting Precise Constitutional Text: The Argument For A “New” Interpretation Of The Incompatibility Clause, The Removal & Disqualification Clause, And The Religious Test Clause–A Response To Professor Josh Chafetz’S Impeachment & Assassination (2013), Seth Barrett Tillman

Seth Barrett Tillman

This article is a response to Professor Josh Chafetz's Impeachment & Assassination, 95 Minn. L. Rev. 347 (2010).

This Article is a textual exploration of the Constitution’s varying usage in regard to office and officer. The Constitution uses a variety of phrases relating to office and officer, including: (A) Officer of the United States; (B) Office under the United States; (C) Office under the Authority of the United States; and (D) Officer (unmodified). The consensus position – as put forward by Professors Akhil R. Amar and Vikram D. Amar in 1995 – is that the Constitution’s varying terminology in regard …


Citation List To "Citizens United And The Scope Of Professor Teachout's Anti-Corruption Principle," And To Tillman's Reply To Teachout, And To "Either/Or: Professors Zephyr Rain Teachout And Akhil Reed Amar -- Contradictions And Reconciliation", Seth Barrett Tillman Feb 2012

Citation List To "Citizens United And The Scope Of Professor Teachout's Anti-Corruption Principle," And To Tillman's Reply To Teachout, And To "Either/Or: Professors Zephyr Rain Teachout And Akhil Reed Amar -- Contradictions And Reconciliation", Seth Barrett Tillman

Seth Barrett Tillman

This is a citation list to "Citizens United and the Scope of Professor Teachout's Anti-Corruption Principle," and to Tillman's Reply to Teachout, and to "Either/Or: Professors Zephyr Rain Teachout and Akhil Reed Amar: Contradictions and Reconciliation."[1 December 2015]


Opening Statement, Citizens United And The Scope Of Professor Teachout’S Anti-Corruption Principle, In Tillman & Teachout, An Exchange, Seth Barrett Tillman Jan 2012

Opening Statement, Citizens United And The Scope Of Professor Teachout’S Anti-Corruption Principle, In Tillman & Teachout, An Exchange, Seth Barrett Tillman

Seth Barrett Tillman

This is my opening statement in a 4-part exchange between Professor Teachout and me.

Abstract: The test of great scholarship is that it changes the way people think and the way people live. That is also true for legal academic scholarship. But, for legal academics, perhaps, the greatest sign of scholarly achievement is judicial reliance upon our craftsmanship. By any of these measures, Professor Teachout’s 2009 Cornell Law Review publication, The Anti-Corruption Principle, is a success. One short year after publication, in 2010, Anti-Corruption Principle was relied upon by Justice Stevens in his Citizens United v. Federal Elections Committee dissent, …


Closing Statement, The Original Public Meaning Of The Foreign Emoluments Clause: A Reply To Professor Zephyr Teachout (2013), Seth Barrett Tillman Jan 2012

Closing Statement, The Original Public Meaning Of The Foreign Emoluments Clause: A Reply To Professor Zephyr Teachout (2013), Seth Barrett Tillman

Seth Barrett Tillman

This is my closing statement in a 4-part exchange between Professor Teachout and me.Abstract: The test of great scholarship is that it changes the way people think and the way people live. That is also true for legal academic scholarship. But, for legal academics, perhaps, the greatest sign of scholarly achievement is judicial reliance upon our craftsmanship. By any of these measures, Professor Teachout’s 2009 Cornell Law Review publication, The Anti-Corruption Principle, is a success. One short year after publication, in 2010, Anti-Corruption Principle was relied upon by Justice Stevens in his Citizens United v. Federal Elections Committee dissent, just …


Reform The Filibuster, Now!: An Open Letter To The Leaders And Members Of The 112th Senate, Seth Barrett Tillman Jan 2011

Reform The Filibuster, Now!: An Open Letter To The Leaders And Members Of The 112th Senate, Seth Barrett Tillman

Seth Barrett Tillman

When the new Congress meets in January 2011, the Presidency and Vice Presidency will be controlled by Democratic incumbents and the House will be controlled by a Republican majority. As a result, were the Senate to repeal or reform the filibuster -- each party would have a significant power base -- outside of the Senate -- from which to block objectionable legislation and to protect its policy agenda and interests. This situation presents a unique opportunity to reform or repair the imbecility (as the Founders would have expressed it) of the Senate, caused by Senate Rule XXII, the Filibuster Rule. …


Citation List To The Annals Of Congress, The Original Public Meaning Of The Succession Clause, And The Problem Of Constitutional Memory, Seth Barrett Tillman Jul 2010

Citation List To The Annals Of Congress, The Original Public Meaning Of The Succession Clause, And The Problem Of Constitutional Memory, Seth Barrett Tillman

Seth Barrett Tillman

This is a citation list to "The Annals of Congress, the Original Public Meaning of the Succession Clause, and the Problem of Constitutional Memory."

[31 March 2015]


A Fragment On Our Nation's Name And Lost Legislative Past (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman Jul 2010

A Fragment On Our Nation's Name And Lost Legislative Past (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This paper is not yet drafted. It is just in the idea stage.

[July 8, 2010]


How The Founders And Ratifiers Experienced Time And Language: Implications For Modern Interpretations Of The Constitution (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman Feb 2010

How The Founders And Ratifiers Experienced Time And Language: Implications For Modern Interpretations Of The Constitution (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This paper is not yet drafted. It is just in the idea stage.

[June 2, 2010]


The Mini-Unitary Executive And The Original Public Meaning Of The Opinions-In-Writing Clause (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman Feb 2010

The Mini-Unitary Executive And The Original Public Meaning Of The Opinions-In-Writing Clause (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This is paper is part of my continuing project of discussing the under explored clauses and private law linguistic origins of the Constitution of 1787. In this paper, I argue that the Opinions-in-Writing Cause was meant to serve a concrete purpose and, contrary to Hamilton, was no mere redundancy. The Opinions-in-Writing Clause effectuated the record keeping function of the Mini-Unitary Executive.

This paper is not yet drafted. It is just in the idea stage.

[June 2, 2010]


Hamilton, The Secretary Of The Senate, And Jefferson: Three (Or Four) Views Of The Cathedral And The Mysterious Identity Of The ‘Officers Under The United States’ (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman Jan 2010

Hamilton, The Secretary Of The Senate, And Jefferson: Three (Or Four) Views Of The Cathedral And The Mysterious Identity Of The ‘Officers Under The United States’ (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This paper discusses the identity or scope of the "Officers ... under the United States" -- a phrase used throughout the U.S. Constitution. This paper also discusses in detail a newly "discovered" document which sheds light on this issue.

Only a title page is available on BEPRESS. A copy of the draft manuscript is available on request.

[July 15, 2011]


Killing Two Constitutional Birds With One Linguistic Stone: Tricky Resignation And The "Poorly Drafted" Ineligibility Clause And Impeachment Clause (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman Jan 2010

Killing Two Constitutional Birds With One Linguistic Stone: Tricky Resignation And The "Poorly Drafted" Ineligibility Clause And Impeachment Clause (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This paper is not yet drafted. It is just in the idea stage.

[June 2, 2010]


Some Conjectures On The Original Public Meaning Of The Constitution's Quorum Clause (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman Jan 2010

Some Conjectures On The Original Public Meaning Of The Constitution's Quorum Clause (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This paper is not yet drafted. It is just in the idea stage. This paper will discuss the original public meaning of the Constitution's quorum clause and also responds to John Bryan Williams's How to Survive a Terrorist Attack, which appeared in William & Mary Law Review.

[June 4, 2010]


Some Preliminary Thoughts On The Enforceability Of The Career Offenders Guideline -- U.S.S.G. § 4b1.1 (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman Jan 2010

Some Preliminary Thoughts On The Enforceability Of The Career Offenders Guideline -- U.S.S.G. § 4b1.1 (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This paper is not yet drafted. It is just in the idea stage.

[July 9, 2010]


After Mccutcheon: The Science Is Settled, Seth Barrett Tillman Mar 2000

After Mccutcheon: The Science Is Settled, Seth Barrett Tillman

Seth Barrett Tillman

After McCutcheon: The Science is Settled.

[March 20, 2014]