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04/23/2021

Fordham Symposium on "The Federalist Constitution"
Michael Ramsey

Recently published, in the Fordham Law Review: a symposium on "The Federalist Constitution."  I've linked to some of these papers before, but they are especially impressive listed all together:

Foreword, by David S. Schwartz, Jonathan Gienapp, John Mikhail, & Richard Primus

Two Federalist Constitutions of Empire, by Gregory Ablavsky

Without Doors: Native Nations and the Convention, by Mary Sarah Bilder

President Madison’s Living Constitution: Fixation, Liquidation, and Constitutional Politics in the Jeffersonian Era, by Saul Cornell

In Search of Nationhood at the Founding, by Jonathan Gienapp

Slavery’s Constitution: Rethinking the Federal Consensus, by Maeve Glass

The Federalist Constitution as a Project in International Law, by David M. Golove & Daniel J. Hulsebosch

The Unwritten Constitution for Admitting States. by Roderick M. Hills Jr.

Article IX, Article III, and the First Congress: The Original Constitutional Plan for the Federal Courts, 1787-1792, by Thomas H. Lee

Executive Power and the Rule of Law in the Marshall Court: A Rereading of Little v. Barreme and Murray v. Schooner Charming Betsy, by Jane Manners

Equal Footing and the States “Now Existing”: Slavery and State Equality over Time, by James E. Pfander & Elena Joffroy

Reframing Article I, Section 8, by Richard Primus

The Other Madison Problem, by David S. Schwartz & John Mikhail

Presidential Removal: The Marbury Problem and the Madison Solutions, by Jed Handelsman Shugerman

I expect there's a lot here I don't agree with, but also a good bit that I do.

Thanks to Saul Cornell for the pointer.  Also, at Balkinization, Richard Primus comments

This week, the Fordham Law Review published a symposium called The Federalist Constitution.  The central impetus for the symposium, as explained in a brief Foreword (co-written by four of the symposium's organizers), is that the picture of the Founding that dominates constitutional law tends to be one shaped through the lens of the antifederalists and Democratic-Republicans who resisted the original pro-Constitution Federalists, rather than one that takes the ideas of those Federalists seriously enough on their own terms.  The symposium aims to correct this picture by asking how the Federalists thought about the Constitution in their own time.