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• Power grabs 

  Three Felontes a Day: How the Feds Target the Innocent, by Harvey A. Silverglate (Encounter, 350 pp., $25.95) EARLY in U.S. history, the Supreme...

  National Review, 10/05/09 by John O. McGinnis · More from publication

• Medellin and the future of international delegation. 

  FEATURE CONTENTS I. A COMPARISON OF DOMESTIC AND INTERNATIONAL DELEGATIONS A. The Policy Concerns with Delegation B. The Analogy...

  Yale Law Journal, 06/01/09 by McGinnis, John O. · More from publication

• A pragmatic defense of originalism 

  Originalism and pragmatism are uneasy companions. This Essay will attempt to make them friends. The usual view is that pragmatic interpretation has...

  Harvard Journal of Law & Public Policy, 06/22/08 by John O. McGinnis · More from publication

• Judging facts like law 

  INTRODUCTION INTRODUCTION The Supreme Court's review of legislative facts found by Congress can make all the difference between enjoying a...

  Constitutional Commentary, 03/22/08 by John O. McGinnis · More from publication

• The federalist approach to the First Amendment 

  In this Essay, I propose that the First Amendment should be applied much more stringently against the federal government than it is against the...

  Harvard Journal of Law & Public Policy, 01/01/08 by John O. McGinnis · More from publication

• Executive Power in The War on Terror 

  THE BUSH ADMINISTRATION'S legal performance in the war on terror is much like its performance in the war in Iraq. In both cases it had plausible...

  Policy Review, 12/01/07 by McGinnis, John O · More from publication

• Original interpretive principles as the core of originalism 

  Abortion and Original Meaning is a powerful article that is sure to have resonance in the field of constitutional interpretation. Professor Balkin...

  Constitutional Commentary, 06/22/07 by John O. McGinnis · More from publication

• Majority and Supermajority Rules: Three Views of the Capitol 

  Introduction Legislators act under voting rules that require widely varying proportions of the legislature to agree to pass a law. Sometimes...

  Texas Law Review, 04/01/07 by McGinnis, John O; Rappaport, Michael B · More from publication

• SHOULD INTERNATIONAL LAW BE PART OF OUR LAW? 

  INTRODUCTION As globalization runs its course, the domestic world is becoming full of international law. One of the mechanisms by which...

  Stanford Law Review, 03/01/07 by McGinnis, John O; Somin, Ilya · More from publication

• The comparative disadvantage of customary international law 

  International law is as important a topic as any to our future legal regime. International law increasingly infiltrates the domestic world. Some...

  Harvard Journal of Law & Public Policy, 09/22/06 by John O. McGinnis · More from publication