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%

Again proving my most valued ability as a law professor is the ability to sign my name. docs.google.com/forms/d/e/1F...
Open Letter in Support of Emily Suski
Scroll to the bottom of the form to add your name. Emails are collected for verification purposes only and will not be published. Signatories will be updated periodically. Dear members of the Arkansas...
docs.google.com

Cute media quote of the day. “The Bill of Rights, we thought, were the first 10 amendments,” said Mark Graber, a constitutional law scholar and University of Maryland professor. With the newly discovered memo, he said: “I guess now we’re down to nine.”

keyt.com/politics/cnn...

T
New ICE warrant policy disregards a fundamental American right, experts say. Here’s what we know
By Michael Williams, CNN (CNN) — With an Immigration and Customs Enforcement memo that allows officers to enter homes without a judicial warrant,
keyt.com

Some really wonderful essays and by far and away the best cover I will every have.
"In time for the 250th anniversary of the Declaration of Independence, Zuckert and Graber have collected the best set of essays on the Declaration ever published."

The Cambridge Companion to the Declaration of Independence, eds. @mgraber1.bsky.social & Michael Zuckert

🗃️ 🗺️

https://cup.org/45TtK9q
"In time for the 250th anniversary of the Declaration of Independence, Zuckert and Graber have collected the best set of essays on the Declaration ever published."

The Cambridge Companion to the Declaration of Independence, eds. @mgraber1.bsky.social & Michael Zuckert

🗃️ 🗺️

https://cup.org/45TtK9q

The time for the 25th amendment and other legal challenges to Trump has largely passed, although many are important rearguard actions. Trump must be defeated politically before he can be caged legally.

Any one for the Civil Rights Act of 1871?
Academics - if you are expert in the history of the fourth amendment, today is a day you could pitch your favorite news outlet with a piece about it. If you're interested, do a little writing, then email me lollardfish at gmail and I'll give you some free op-ed coaching.
What’s this old thing
Academics - if you are expert in the history of the fourth amendment, today is a day you could pitch your favorite news outlet with a piece about it. If you're interested, do a little writing, then email me lollardfish at gmail and I'll give you some free op-ed coaching.
What’s this old thing

An excellent analysis of the Good murder by an expert.

asharangappa.substack.com/p/friday-rou...
The 7 Crucial Moments in the Minneapolis ICE Shooting
It was a bad shoot.
asharangappa.substack.com

Thanks for the kindness with this post and the others. I look forward to celebrating your new book very shortly.

I long for the headline, "American Jews accuse the Israeli Government of anti-Semitism" or "American Jews accuse the Israeli Government of Being the Gravest Threat Globally to the Moral Integrity of Judaism."

www.nytimes.com/2026/01/02/n...
Israeli Government Accuses Mamdani of Antisemitism Over Canceled Orders
www.nytimes.com

The only reason to have children is grandchildren. Be patient.
The holidays are great because your kid is sick for a week and then the daycare is closed the next week, so you get to watch them for like 2 weeks straight while schlepping all over to see family. And then when you get back to work people ask, “How was the break?”

Reposted by Mark A. Graber

The holidays are great because your kid is sick for a week and then the daycare is closed the next week, so you get to watch them for like 2 weeks straight while schlepping all over to see family. And then when you get back to work people ask, “How was the break?”

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.