Mark Graber
Mark Graber
@mgraber1.bsky.social

Professor at Maryland Carey Law, legal historian, amateur comparative constitutionalist, chess nut and loyal New York Giant fan

Political science 52%
Law 23%

Has any one noticed the resemblance between Trump's rants on Truth Social and Howard Beale's rants in the movie Network.

So the answer turns out to be almost four years ago.

Reposted by Mark A. Graber

A very quick search turns up at least these two: (1) www.nytimes.com/2022/02/11/o...

(2) www.nytimes.com/2024/12/25/o...
Opinion | In the Jewish Tradition, the Words We Choose Matter (Published 2022)
www.nytimes.com

I respect Peter Wehner (and David French), but when was the last time the Times published an analysis of how Jewish scripture (or Islamic or . . . ) might lead us to understand our world.

www.nytimes.com/2025/12/25/o...
Opinion | The Kingdom of God Is Ruled by the Humblest of Men
www.nytimes.com

Is there any possibility that after Trump leaves office the "Trump Class" battleships will be renamed after someone in the Kennedy family (not RFK, Jr.)

It's a really good collection and I like my essay on Race and American exceptionalism (updated to talk about Trump and American exceptionalism). But $325.00? Clearly the audience is Trump and fellow billionaries.

www.e-elgar.com/shop/usd/com...
Comparative Constitutional Theory
This thoroughly revised Second Edition provides a refreshed overview of comparative constitutional law and theory. Expert authors investigate the recent proliferation of instances in which the practic...
www.e-elgar.com

My friends have always told me that I was the most qualified person for a job I did not get. Remarkably, other people's friends told them they were the most qualified person for the jobs I got.
No dean in the history of academia has ever told a job applicant they were being blocked be side they were white because (a) that never actually happens and (b) if it did there would be a massive lawsuit.

But thank you, Naomi Wolf, for confirming that this is something the Crazies believe.
You’ll never guess who else experienced ‘racism’ on the job market despite their unimpeachable academic credentials.

Just signed my four year phased retirement agreement. Fall is now officially open for writing and speaking.
No dean in the history of academia has ever told a job applicant they were being blocked be side they were white because (a) that never actually happens and (b) if it did there would be a massive lawsuit.

But thank you, Naomi Wolf, for confirming that this is something the Crazies believe.
You’ll never guess who else experienced ‘racism’ on the job market despite their unimpeachable academic credentials.

Do diversity hires include the numerous white males who only got admitted to prestigious schools because of explicit and implicit quotas of Jews and Asians from New York, Boston, and the like. Wonder if Vance gets into Yale if we go by test scores and college achievement.
There's a world of difference between describing your performance as "hiring the most outstanding white males who had been passed over by the prestige academy" and "hiring the best people who had been passed over by the prestige academy, many of whom are white males."

Reposted by Mark A. Graber

There's a world of difference between describing your performance as "hiring the most outstanding white males who had been passed over by the prestige academy" and "hiring the best people who had been passed over by the prestige academy, many of whom are white males."

Just got a reminder that one of the most important roles of very senior scholars is making sure that younger scholars are free to speak in their voice.

Blast from the past. Am lecturing at the University of Milan this week (thank you Antonia Baraggia). As I waiting outside the University, I was approached by student members of the Communist Party handing out literature. Shades of Columbia University, New York, 1980!

Sign me up for a copy and review. Mazel tov.
Totally surreal that after 12 years of working on this thing, it’s out of my hands.

Coming to you in the Hodding Carter III imprint at @uncpress.bsky.social next fall!

Huge thanks to @simpsonvos.bsky.social & the many, many people who helped along the way.
Totally surreal that after 12 years of working on this thing, it’s out of my hands.

Coming to you in the Hodding Carter III imprint at @uncpress.bsky.social next fall!

Huge thanks to @simpsonvos.bsky.social & the many, many people who helped along the way.

It is also statutory interpretation of a statute that has been revised. See also Milligan, which rejects a presidential judgment about the need for military to engage in law enforcement.
Random thought for presidential power people. Isn't the whole deference discussion in Martin v. Mott dicta? Nobody actually seems to have disputed that there was an invasion (or could have---it was the war of 1812 ffs), the issue was about the form of the court martial charge... like civ pro stuff.

Reposted by Mark A. Graber

Random thought for presidential power people. Isn't the whole deference discussion in Martin v. Mott dicta? Nobody actually seems to have disputed that there was an invasion (or could have---it was the war of 1812 ffs), the issue was about the form of the court martial charge... like civ pro stuff.

On birthright citizenship. Curiously, the main source is the thirteenth amendment, not the fourteenth. Republicans believed that persons were either aliens or citizens. There was no other category. So once slaves were emancipated, they automatically became citizens.
Curious if @mgraber1.bsky.social has thoughts
i think to understand the meaning of the birthright citizenship clause to the framers of the 14th amendment, you have to understand significance of dred scott to the civil war republican party. dred scott wasn't just a bad ruling, it was understood as a rejection of the declaration itself.

Reposted by Mark A. Graber

Curious if @mgraber1.bsky.social has thoughts
i think to understand the meaning of the birthright citizenship clause to the framers of the 14th amendment, you have to understand significance of dred scott to the civil war republican party. dred scott wasn't just a bad ruling, it was understood as a rejection of the declaration itself.

Officially on sale in the lobby.

www.cambridge.org/us/universit...
The Cambridge Companion to the Declaration of Independence | Cambridge University Press & Assessment
www.cambridge.org

Actually, this is horribly wrong. I am not going to be in any of the three categories. Does not make any of this less of a wrong.
Any one of us could be in the next apartment building that ICE raids in the middle of the night.

Any one of us could be on the next boat that Trump bombs on a whim.

Any one of us could be detained for hours despite being a U.S. citizen.

Authoritarianism hurts all of us.
Any one of us could be in the next apartment building that ICE raids in the middle of the night.

Any one of us could be on the next boat that Trump bombs on a whim.

Any one of us could be detained for hours despite being a U.S. citizen.

Authoritarianism hurts all of us.

I use the first, but no one cares.

On pre-sale in the lobby. Lots of wonderful essays (and I contribute on how the insights the four children of the Passover service might influence our approach to the Declaration. www.amazon.com/Cambridge-Co...
The Cambridge Companion to the Declaration of Independence (Cambridge Companions to American Studies)
The Cambridge Companion to the Declaration of Independence (Cambridge Companions to American Studies) [Graber, Mark A., Zuckert, Michael] on Amazon.com. *FREE* shipping on qualifying offers. The Cambridge Companion to the Declaration of Independence (Cambridge Companions to American Studies)
www.amazon.com

For the record, we made it.
So far so good. At the airport flying back from the Loyola Constitutional Law Colloquium. Spouse is flying back from a psychiatry conference in Toronto. Will we both get to Boston for a performance of Guys and Dolls starring daughter 3?
I'm flying for both ASLH and the event the next week, Anna. Which one do you think I'll make it to?! Neither set of flights are canceled yet, but I might put my money on both...

We may need Paul Revere
"I've got the horse right here..."

Reposted by Mark A. Graber

"I've got the horse right here..."

So far so good. At the airport flying back from the Loyola Constitutional Law Colloquium. Spouse is flying back from a psychiatry conference in Toronto. Will we both get to Boston for a performance of Guys and Dolls starring daughter 3?
I'm flying for both ASLH and the event the next week, Anna. Which one do you think I'll make it to?! Neither set of flights are canceled yet, but I might put my money on both...