Michael Coenen

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Rules Against Rulification

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The Significance of Signatures: Why the Framers Signed the Constitution and What They Meant by Doing So

119 Yale L.J. 966 (2010).  The signing of the U.S. Constitution is traditionally understood as the closing act of the Constitutional Convention. This Note provides an alternative account, one that understands the Constitution’s signing as the opening act of the ratification campaign that followed in the Convention’s wake. To begin, the Note explains the signatures’ ambiguous form as the product...

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Original Jurisdiction Deadlocks

118 Yale L.J. 1003 (2009).