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Peter M. Shane

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Peter Milo Shane is an American legal scholar and writer. He is currently the Jacob E. Davis and Jacob E.… more

H-index: 11
Political science 50%
Economics 18%
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by Peter M. Shane

petermshane.bsky.social
Greta Thunberg has better odds than Trump.

by Peter M. Shane

petermshane.bsky.social
Is Flour Power as effective as Flower Power? www.theendlesssixties.com/bernie-boston/
On Bernie Boston's Iconic 'Flower Power' Photograph of 1967
"On Bernie Boston's Iconic 'Flower Power' Photograph of 1967" addresses one of the most iconic photograph of The Sixties: a young man placing a flower in the barrel of a Guardsman's rifle.
www.theendlesssixties.com
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by Peter M. Shane

petermshane.bsky.social
Just a helpful reminder that the same Administration that portrays America's most recent actual insurrection as just patriotic protest now wants to blur the line between garden variety crime and "insurrection" or "rebellion" so that it can mobilize military force against its political opponents.
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by Peter M. Shane

petermshane.bsky.social
Again, I agree with you on policy. What the Framers were worried about, however, was districts drawn so small that reps would be excessively parochial. 30,000 was judged to be a big enough # to embrace multiple economic interests, so that a House Member would have to strive for a balanced approach.
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by Peter M. Shane

petermshane.bsky.social
Which is just as consistent with 30,000 being the minimum, not the maximum.
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by Peter M. Shane

petermshane.bsky.social
In some case where Trump's venom is relevant, Roberts will say: "The issue is not whether to denounce Trump's statements. It is instead the significance of those statements in reviewing a Presidential directive, neutral on its face, addressing a matter within the core of executive responsibility."
georgetakei.bsky.social
George Takei @georgetakei.bsky.social · 1d
No President should ever stoke this kind of division and dehumanize the other half of the country in this way.
The image shows two X posts. The first, by Juliette Kayyem (@juliettekayyem ) from 1 hour ago, states: "'Take care of' is not subtle. This weekend the ground has shifted and no person can deny what the president, unpopular and unfit, intends. To remain silent is to welcome this. They can both sides or claim they didn't hear, but there is no wiggle room about his plans now." The second, by Aaron Rupar (@atrupar ) from 6 hours ago, quotes Trump addressing the Navy: "We have to take care of this little gnat that's on our shoulder called the Democrats." The post includes a photo of Trump speaking to a group in Navy uniforms, with a caption noting he "called the Democrats. They want to give all of our money to illegal."
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by Peter M. Shane

petermshane.bsky.social
With all respect for the depth of your study, Madison's Federalist #52 supports my reading.
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Reposted by: Peter M. Shane

georgetakei.bsky.social
No President should ever stoke this kind of division and dehumanize the other half of the country in this way.
The image shows two X posts. The first, by Juliette Kayyem (@juliettekayyem ) from 1 hour ago, states: "'Take care of' is not subtle. This weekend the ground has shifted and no person can deny what the president, unpopular and unfit, intends. To remain silent is to welcome this. They can both sides or claim they didn't hear, but there is no wiggle room about his plans now." The second, by Aaron Rupar (@atrupar ) from 6 hours ago, quotes Trump addressing the Navy: "We have to take care of this little gnat that's on our shoulder called the Democrats." The post includes a photo of Trump speaking to a group in Navy uniforms, with a caption noting he "called the Democrats. They want to give all of our money to illegal."
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by Peter M. Shane

petermshane.bsky.social
I would also support a larger House, but this isn’t a correct reading of Article I. It says that the number of reps cannot “exceed one for every 30,000.” That is, each district must have at least 30,000 constituents. 30,000 is a floor, not ceiling.
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by Peter M. Shane

petermshane.bsky.social
"The 'constitutionally mandated balance of power' between the States and the Federal Government was adopted by the Framers to ensure the protection of 'our fundamental liberties.'"
Atascadero State Hospital v. Scanlon, 473 U. S. 234, 473 U. S. 242 (1985).
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by Peter M. Shane

petermshane.bsky.social
I’m optimistic in the long run, but worry how much pain will be inflicted first.
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by Peter M. Shane

petermshane.bsky.social
Still nice of you to reply!
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by Peter M. Shane

petermshane.bsky.social
I should have used a sarcasm emoji. My bad.
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by Peter M. Shane — Reposted by: Mark A. Lemley

petermshane.bsky.social
I thought the Epstein files would not be a big deal until Trump decided he’d start a civil war rather than release them.
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by Peter M. Shane

petermshane.bsky.social
I’m pretty sure the first Article of Trump’s third impeachment will involve abuse of the military.
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by Peter M. Shane

petermshane.bsky.social
Under 10 USC 12406, the supposed authority for the Texas invasion of other states, orders to the nationalized Guard are still issued through the “Governor,” meaning, it must be assumed, the Governor of the state in which they are serving. Any other reading raises serious constitutional issues.
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by Peter M. Shane — Reposted by: Ann Bartow

petermshane.bsky.social
It’s kind of wild that the Second-Amendment-Protects-Us-From-Tyranny crowd thinks the 10th Amendment is no bar to sending National Guard troops from one state into another over a Governor’s objections. I had actually thought federalism, rather than guns, was the Constitution’s anti-tyranny strategy.
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by Peter M. Shane

petermshane.bsky.social
But (try to) cut off funding for NYC. Argentina First!?
adamkinzinger.substack.com
Adam Kinzinger @adamkinzinger.substack.com · 6d
The US is going to bailout Argentina with your tariff money.

Let that sink in
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Reposted by: Peter M. Shane, John McLaren, Sanford F. Schram

adamkinzinger.substack.com
The US is going to bailout Argentina with your tariff money.

Let that sink in
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by Peter M. Shane

petermshane.bsky.social
Enjoyed talking to Michael Popok on a new @legalafmtn.bsky.social episode about the Supreme Court’s inaction on ICE racial profiling and the state of separation of powers law in the Roberts Court. youtu.be/HKBxBP_ftrM?... (I don’t title the episodes!)
SCOTUS Crumbles in FACE of DISASTER They CREATED
YouTube video by Legal AF
youtu.be
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by Peter M. Shane

petermshane.bsky.social
I suspect every uniformed audience member yesterday would be more qualified to serve as commander in chief or secretary of defense than the current incumbents. Besides undermining Hegseth's desire to be top alpha in the room, Trump no doubt induced a lot of queasiness about his fitness for office.
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by Peter M. Shane

petermshane.bsky.social
This essay very much sums up my worries about two countries and does offer some glimmer of hope.
voices4justice.bsky.social
Voice4Justice @voices4justice.bsky.social · 7d
‘A journey between pessimism and optimism in the US’
blogs.timesofisrael.com/a-journey-be...
By Nadav Tamir
@jstreetdotorg.bsky.social
The Blogs: A journey between pessimism and optimism in the US
From the blog of Nadav Tamir at The Times of Israel
blogs.timesofisrael.com
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Reposted by: Peter M. Shane

voices4justice.bsky.social
‘A journey between pessimism and optimism in the US’
blogs.timesofisrael.com/a-journey-be...
By Nadav Tamir
@jstreetdotorg.bsky.social
The Blogs: A journey between pessimism and optimism in the US
From the blog of Nadav Tamir at The Times of Israel
blogs.timesofisrael.com
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by Peter M. Shane

petermshane.bsky.social
Nothing says “America First” more powerfully than Trump offering to chair a Board of Peace overseeing Gaza reconstruction—at least, if “America” = “Trump.”
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by Peter M. Shane

petermshane.bsky.social
A reminder that not every lawyer who competed in beauty pageants is Elizabeth Prelogar.
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by Peter M. Shane

petermshane.bsky.social
Planning weekend podcast listening? The latest @washingtonmonthly.com podcast features my talk with fellow law prof @garrettepps.bsky.social on Justice Kavanaugh's recent opinion justifying the lifting of a stay against ICE raids in LA based on racial profiling. washingtonmonthly.com/2025/09/24/t...
The Supreme Court Greenlights Racial Profiling
Two law professors dissect Brett Kavanaugh’s recent Supreme Court opinion justifying the continuation of racially-motivated ICE raids in LA.
washingtonmonthly.com
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by Peter M. Shane

petermshane.bsky.social
It’s the couches.
chrislhayes.bsky.social
Chris Hayes @chrislhayes.bsky.social · 12d
OUR BATHROOM MIRRORS ARE VITAL TO OUR NATIONAL SECURITY
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Reposted by: Peter M. Shane, Diane Ravitch, Melissa Johnson , and 7 more

chrislhayes.bsky.social
OUR BATHROOM MIRRORS ARE VITAL TO OUR NATIONAL SECURITY
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by Peter M. Shane

petermshane.bsky.social
In the headlines: “Local Blackmailer Not Satisfied With Early Payment.” Also: “Rain Makes Things Wet.”
mariopro.bsky.social
paulpro @mariopro.bsky.social · 14d
A business decision
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Reposted by: Peter M. Shane

mariopro.bsky.social
A business decision
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