Con Law

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  • Any theory of con law (originalism, Dworkin, etc.) should be compelled to show how it applies to interpreting (a) a commercial contract, and (b) a tax statute. That would show off the theory's points without the complication of political rationalization.
  • "For those reading essays onthe best interpretation of the Birthright Citizenship Clause: Be attentive to whether they are based on "plain meaning of text," "original understanding of ratifiers," "framers/ratifiers expected application," "implications of judicial precedent, "history and tradition," or "living constitutionalism." These are all different, rely on different evidence, and are driven by different normative theories." Curt Lash, X (2025).