Many thanks to Danielle et al. for letting me guest-blog this month. Concurring Opinions is one of my favorite law blogs out there (second only to the “Bob Loblaw Law Blog”), so I’m honored to be a part of it.
I have recently been thinking some about the nature of “structural arguments” in constitutional law. At a general level, I understand such arguments to assert claims about the Constitution as a whole, rather than any one provision of the document in particular. But there are several ways of drawing inferences from the Constitution “as a whole,” some of which strike me as meaningfully different from others. So, I have been trying to sort through various categories of holistically-oriented constitutional arguments that we might in one way or another regard as “structural.” Here’s what I have so far: Read More