Mark Graber @mgraber1.bsky.social · 30/09/2026Apparently, I am the author of the paper in the early part of Limitless (thanks Joshua Freed), The text is "False Modesty: Felix Frankfurter and the Tradition of Judicial Restraint" with the filmmakers substituted the fictional "J.R.L. Phillips" for my references to Frankfurter 040
Mark Graber @mgraber1.bsky.social · 28/09/2026Copyedit, page proofs, and index for Constitutional Democracy in Crisis? II are complete. Book is almost done. Lots of information at Oxford University Press. Much thanks to Mark Tushnet, Sandy Levinson, and Antonia Baraggia. global.oup.com/academic/pro...global.oup.com 032
Mark Graber @mgraber1.bsky.social · 15/09/2026Some thoughts on constitutional revolutions in American history, whether Americans are experiencing a constitutional revolution at present, and what would have to happen for the attempted Trump constitutional revolution to become entrenched. papers.ssrn.com/sol3/papers....papers.ssrn.comA Constitutional Revolution?Americans are talking about a possible constitutional revolution. Many supporters of Donald Trump are hopeful that his two elections are bringing about relative 042
Mark Graber @mgraber1.bsky.social · 08/09/2026If you are in DC on September 25, come join us for an important conversation on local resistance to the Trump Administration. 011
Mark Graber @mgraber1.bsky.social · 02/09/2026The advantage of being a senior in phased retirement. First set of clothes in the drawer, 030
Mark Graber @mgraber1.bsky.social · 31/08/2026You can now pre-order Constitutional Democracy in Crisis for under $40. Or you can help Julia and me go on expensive cruises by ordering multiple editions of the hardback. Digital in November; book in January. www.amazon.com/Constitution...amazon.comConstitutional Democracy in Crisis? IIAmazon.com: Constitutional Democracy in Crisis? II: 9780197830321: Graber, Mark A., Tushnet, Mark, Levinson, Sanford, Baraggia, Antonia: Books 050
Mark Graber @mgraber1.bsky.social · 18/08/2026American Constitutional Vols I and II updated are at Oxford University Press. All the major cases in the past decade, plus major constitutional issues outside of courts (Iran, sanctuary cities, the attack on universities). Happy to send TOCs to those interested. 162
Mark Graber @mgraber1.bsky.social · 28/07/2026You can now pre-order Constitutional Democracy in Crisis? II. global.oup.com/academic/pro...global.oup.com 000
Mark Graber @mgraber1.bsky.social · 18/07/2026What good is AI if Gemini and others cannot answer such fundamental questions as where the heck in my home library did I put Ernst Fraenkel, THE DUAL STATE 182
Mark Graber @mgraber1.bsky.social · 18/07/2026Preface to the Fourth edition of American Constitutionalism done. Going to teach students about "constitutional revolutions," "constitutional crises," "competitive autocracies," "pluralist autocracies," and dual states. Hope for your interest. 0111
Mark Graber @mgraber1.bsky.social · 13/07/2026Good to see the unitary execution bite Trump in the rear end. Note that citations to Trump v. Slaughter in the opinion demonstrated that Trump and the IRS could not be adverse parties. www.documentcloud.org/documents/28...documentcloud.orgTrump v IRS orderUS District Court SDFL 095
Mark Graber @mgraber1.bsky.social · 26/06/2026we ban concealed weapons from courts, but could not constitutionally ban critics of the president or people wearing religious headgear. Same for guns. A state rule requiring permission for concealed weapon holders to enter private property differs from the same law targeting speech or religion. 000
Mark Graber @mgraber1.bsky.social · 25/06/2026How is one engaged in self-defense when one brings an uninvited weapon on another person's property? 040
Mark Graber @mgraber1.bsky.social · 25/06/2026More reason to avoid AI for serious research. Contemporary issues rarely come up in 1866, but when they do, birthright citizenship seems to be the rule. 120
Mark Graber @mgraber1.bsky.social · 16/06/2026Could someone start a rumor that in deference to constitutional casebook editors, the Supreme Court has decided to adopt a 1000 word limit on opinions, a ban on concurrences, and only one dissent per case. 020
Mark Graber @mgraber1.bsky.social · 11/06/2026A reminder to the young'uns that games 5 and 7 of the 1970 NBA championship remain the two greatest games in Knick history. Last night was 3. 000
Mark Graber @mgraber1.bsky.social · 05/06/2026Apparently, opposing the Netanyahu government makes one anti-Zionist, which means approximately half the population of Israel and most American Jews are anti-Zionist. How about an Israel that expresses the best of contemporary Jewish values. 160
Mark Graber @mgraber1.bsky.social · 05/06/2026A simple solution to the problem of the ultra-orthodox in the Israeli army. You do not do military service, you do not vote. 100
Mark Graber @mgraber1.bsky.social · 03/06/2026Am reading every newspaper article I can find from April 7-16 on reaction to the passage of the Civil Rights Act of 1866. Not my main concern, or theirs, but every piece that says something says the act makes everyone born on American soil a citizen of the United States. 0467
Mark Graber @mgraber1.bsky.social · 30/05/2026We are told, don't get mad; get even. If you want to be mad, support Graham Platner for Senate in Maine. If you want to get even, find another Maine Democrat to support. 020
Mark Graber @mgraber1.bsky.social · 28/05/2026I am a committed Burkean. Does that make a conservative scholar? Or do I have to take the view that vaccination is silly? Is that the kind of conservative we want at our universities? 030
Mark Graber @mgraber1.bsky.social · 23/05/2026Richard Albert has created a memory wall for those who wish to share remembrances of Ran Hirschl. Please share so as many of Ran's friends see this as possible. www.online-tribute.com/RanHirschl 243
Mark Graber @mgraber1.bsky.social · 22/05/2026An amazing scholar, fabulous human being, and dear friend has left us. balkin.blogspot.com/2026/05/rip-...balkin.blogspot.comBalkinization: R.I.P. Ran HirschlA group blog on constitutional law, theory, and politics 2102
Mark Graber @mgraber1.bsky.social · 19/05/2026I would obviously like to research, but we know Republicans meant insurrections in general (they said so), not just the Civil War. Tricky issues as to whether this is a pension. Seems plausible, but I would rely on no presidential power to establish this fund. 201
Mark Graber @mgraber1.bsky.social · 19/05/2026Not really. I spent a good deal of time on presidential power to use the militia, but not on this issue precisely. Say hello to Abigail. 110
Mark Graber @mgraber1.bsky.social · 19/05/2026My hidden secret is that I am not very interested in original meanings, which largely amounts to asking what people in the past would have done if they faced our problems, with our alternatives, and had our conceptual apparatus. 141
Mark Graber @mgraber1.bsky.social · 19/05/2026Surely the same principles that "justify" Trump v. US prohibit any settlement of civil or criminal liability against a sitting president. 000
Mark Graber @mgraber1.bsky.social · 19/05/2026A Vermont newspaper after passage of the Civil Rights Act of 1866 declared, "To have been of those men who voted for this bill will only be less honorable than to have been a signer in the declaration of independence. 160th anniversary this year. Any law review symposia? 192
Mark Graber @mgraber1.bsky.social · 18/05/2026Suppose you think only 5-10% of the claims in Kristof's article are accurate. If you are Jewish, shouldn't your predominant reaction be, "This was done in my name and I am ashamed." 021
Mark Graber @mgraber1.bsky.social · 14/05/2026Would the Roberts Court allow South Carolina to gerrymander to maximize Democratic Representatives in 1868, if only Klan members had to wit to maintain they were engaged in a partisan rather than a racial gerrymander? Would Congress have tolerated that for an instant? 010
Mark Graber @mgraber1.bsky.social · 09/05/2026There is a long history of former confederate states asserting that the post-Civil War amendments are unconstitutional. 29227
Mark Graber @mgraber1.bsky.social · 07/05/2026A graduation speaker might speak insensitively about the Middle East with respect to those that believe graduation speakers should stay clear of political topics or b) those who disagree with the speaker. But both classes are likely to include more non-Jews than Jews. 010
Mark Graber @mgraber1.bsky.social · 07/05/2026How can a graduation or related speaker make a comment about the Middle East alleged to be insensitive to Jews when a reasonable percentage of Jews in the audience agree with the comment and another reasonable percentage do not find the comment to be at all insensitive. 1/2 020
Mark Graber @mgraber1.bsky.social · 30/04/2026I think step one is winning elections in 2026 and 2028. If that does not happen, nothing else does. Then see what the world looks like when Democrats have the power to legislate and reform the court. The world often looks different by the time you get power. 020
Mark Graber @mgraber1.bsky.social · 30/04/2026Has there ever been a court in history more devoted to the electoral success of its political sponsors than the Roberts Court? 120
Mark Graber @mgraber1.bsky.social · 29/04/2026Andrew Johnson, Sen. Garret Davis of Kentucky, and every other person who insisted that the politics of Reconstruction privileged persons of color would be very proud of this Supreme Court. 032
Mark Graber @mgraber1.bsky.social · 27/04/2026Working on newspaper reaction to the override of the Johnson veto of the Civil Rights Act of 1866. Amazing how often this sentence occurs when journalists describe the bill. "That all persons born in the United States are citizens of the United States." 22713
Mark Graber @mgraber1.bsky.social · 20/04/2026Last class as a full-time professor in 90 minutes (four more years as half-time). 1150
Mark Graber @mgraber1.bsky.social · 12/04/2026Impeachment rather than 25th amendment if you must. Impeachment treats Trump as a rotten human being who has behaved corruptly in office. Seems right, if symbolic politics. 25th Amendment treats Trump as suffering from a disorder that might be alleviated with treatment or therapy. Seems wrong. 030
Mark Graber @mgraber1.bsky.social · 11/04/2026JD Vance scores high on the three axes of disgrace, He champions policies that are fundamentally indecent. He provides fatuous justifications for those policies. He advances many of those policies for the primary reason of advancing his ambitions. 030
Mark Graber @mgraber1.bsky.social · 10/04/2026You cannot impeach a party or legally declare a party unfit for office under the 25th Amendment. The case for impeaching or removing Donald Trump is the case for voting the Republican Party out of office. This case must be made in the court of public opinion, not a court of law. 010
Mark Graber @mgraber1.bsky.social · 07/04/2026Israel has ceased being a Jewish state in the sense of reflecting Jewish values. Increasingly, Israel is no longer a Jewish state in protecting all Jews. Israel is increasing a Jewish state only in having a Jewish majority and a commitment to some Jews. www.timesofisrael.com/liveblog_ent...timesofisrael.comIDF admits Tehran synagogue damaged in strike targeting Iranian commander, regrets ‘collateral damage’* * * 032
