John C. Harrison

  • James Madison Distinguished Professor of Law
  • Thomas F. Bergin Teaching Professor of Law

John C. Harrison joined the faculty in 1993 as an associate professor of law after a distinguished career with the U.S. Department of Justice. His teaching subjects include constitutional history, federal courts, remedies, corporations, civil procedure, legislation and property. In 2008 he was on leave from the Law School to serve as counselor on international law in the Office of the Legal Adviser at the U.S. Department of State.

A 1977 graduate of the University of Virginia, Harrison earned his law degree in 1980 at Yale, where he served as editor of the Yale Law Journal and editor and articles editor of the Yale Studies in World Public Order. He was an associate at Patton Boggs & Blow in Washington, D.C., and clerked for Judge Robert Bork on the U.S. Court of Appeals for the District of Columbia Circuit. He worked with the Department of Justice from 1983-93, serving in numerous capacities, including deputy assistant attorney general in the Office of Legal Counsel (1990-93).

Scholarship Profile: The Constitution Outside the Supreme Court (Virginia Journal 2001)

Education

  • J.D.
    Yale Law School
    1980
  • B.A.
    University of Virginia
    1977

Forthcoming

Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law, Brigham Young University Law Review (2023).

Works in Progress

The Original Meaning of the Habeas Corpus Suspension Clause (2018).
Hohfeld's Ninth Amendment (2017).
The Habeas Corpus Suspension Clause and the Right of Natural Liberty (2011).

Book Chapters

Immunity Rules, in Wesley Hohfeld A Century Later: Edited Work, Select Personal Papers, and Original Commentaries, Cambridge University Press, 386–418 (2022).
Executive Administration of the Government’s Resources and the Delegation Problem, in The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine, The AEI Press, 232–273 (2022).
Dissenting, in What Obergefell v. Hodges Should Have Said: The Nation’s Top Legal Experts Rewrite America’s Same-Sex Marriage Decision, Yale University Press, 262–280 (2020).
International Law in U.S. Courts Within the Limits of the Constitution, in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law, Oxford University Press, 265–282 (2020).
New Property, Entrenchment, and the Fiscal Constitution, in Fiscal Challenges: An Interdisciplinary Approach to Budget Policy, Cambridge University Press, 401–415 (2008).
The Story of In Re Neagle: Sex, Money, Politics, Perjury, Homicide, Federalism, and Executive Power, in Presidential Power Stories, Thomson/West, 133–163 (2008).
The Power of Congress over the Terms of Justices of the Supreme Court, in Reforming the Court: Term Limits for Supreme Court Justices, Carolina Academic Press, 361–373 (2006).
Democratic Theory and Constitutional Law, in Encyclopedia of the American Constitution, Macmillan Reference USA, 765–767 (2 ed. 2000).

Articles & Reviews

Vacatur of Rules Under the Administrative Procedure Act, 40 Yale Journal on Regulation Bulletin 119–134 (2023).
Federal Judicial Power and Federal Equity Without Federal Equity Powers, 97 Notre Dame Law Review 1911–1940 (2022).
The Original Meaning of the Habeas Corpus Suspension Clause, the Right of Natural Liberty, and Executive Discretion, 29 William & Mary Bill of Rights Journal 649–711 (2021).
Section 706 of the Administrative Procedure Act Does Not Call for Universal Injunctions or Other Universal Remedies, 37 Yale Journal on Regulation Bulletin 37–47 (2020).
Seila Law and the Law of Judicial Review, University of Chicago Law Review Online 77–86 (2020).
Public Rights, Private Privileges, and Article III, 54 Georgia Law Review 143–216 (2019).
The Constitution and the Law of Nations, 106 Georgetown Law Journal 1659–1705 (2018).
The Federalist Society 2016 National Lawyers Convention Showcase Panel II: Rules versus Standards in Constitutional and Statutory Interpretation (with Akhil Reed Amar, Frank Easterbrook & Victoria Nourse), 53 Tulsa Law Review 539–557 (2018).
The Unitary Executive and the Scope of Executive Power, 126 Yale Law Journal Forum 374–380 (2017).
The Political Questions Doctrines, 67 American University Law Review 457–528 (2017).
Legislative Power and Judicial Power, 31 Constitutional Commentary 295–316 (2016).
The American Act of State Doctrine, 47 Georgetown Journal of International Law 507–571 (2016).
The Relations between the Courts and the Law, 35 University of Queensland Law Journal 99–114 (2016).
Legislative Power, Executive Duty, and Legislative Lawsuits, 31 Journal of Law & Politics 103–137 (2015).
Libertarian Administrative Law, or Administrative Law?, 82 University of Chicago Law Review Dialogue 134–150 (2015).
Public Choice and Judicial Virtue, 10 Journal of Law, Economics, & Policy 633–648 (2014).
Severability, Remedies, and Constitutional Adjudication, 83 George Washington Law Review 56–100 (2014).
In Memoriam: Robert H. Bork, 36 Harvard Journal of Law & Public Policy 1245–1252 (2013).
Power, Duty, and Facial Invalidity, 16 University of Pennsylvania Journal of Constitutional Law 501–547 (2013).
Robert Bork, Judicial Creativity, and Judicial Subjectivity, 80 University of Chicago Law Review Dialogue 205–217 (2013).
Enumerated Federal Power and the Necessary and Proper Clause (reviewing Gary Lawson et al., The Origins of the Necessary and Proper Clause) 78 University of Chicago Law Review 1101–1131 (2011).
The State Action Principle and Its Critics (with Lillian R. BeVier), 96 Virginia Law Review 1767–1835 (2010).
Ex Parte Young, 60 Stanford Law Review 989–1022 (2008).
On the Hypotheses That Lie at the Foundations of Originalism, 31 Harvard Journal of Law & Public Policy 473–483 (2008).
The Constitution of Economic Liberty, 45 San Diego Law Review 709–727 (2008).
Sosa and Substantive Solutions to Jurisdictional Problems, 93 Virginia Law Review in Brief 23–32 (2007).
The Relationship Between Limitations on and Requirements of Article III Adjudication, 95 California Law Review 1367–1386 (2007).
Addition by Subtraction, 92 Virginia Law Review 1853–1869 (2006).
International Adjudicators and Judicial Independence, 30 Harvard Journal of Law & Public Policy 127–136 (2006).
Judicial Interpretive Finality and the Constitutional Text, 23 Constitutional Commentary 33–45 (2006).
State Sovereign Immunity and Congress’s Enforcement Powers, 2006 Supreme Court Review 353–400 (2006).
Uniformity, Diversity, and the Process of Making Human Rights Norms, 3 University of St. Thomas Law Journal 334–343 (2005).
Federal Appellate Jurisdiction over Questions of State Law in State Courts, 7 The Green Bag Second Series 353–360 (2004).
Time, Change, and the Constitution, 90 Virginia Law Review 1601–1612 (2004).
Forms of Originalism and the Study of History, 26 Harvard Journal of Law & Public Policy 83–94 (2003).
Review of Black, Structure and Relationship in Constitutional Law (reviewing Charles L. Black, Jr., Structure and Relationship in Constitutional Law) 89 Virginia Law Review 1779–1791 (2003).
Words, Words, Words, All the Way Down? (reviewing H. Jefferson Powell, A Community Built on Words:The Constitution in History and Politics) 7 The Green Bag Second Series 91–100 (2003).
Review of Whittington, Constitutional Construction (reviewing Keith E. Whittington, Constitutional Construction and Constitutional Interpretation) 13 Constitutional Political Economy 215–218 (2002).
The Lawfulness of the Reconstruction Amendments, 68 University of Chicago Law Review 375–462 (2001).
Nobody for President, 16 Journal of Law & Politics 699–715 (2000).
Pardon as Prerogative, 13 Federal Sentencing Reporter 147–149 (2000).
The Power of Congress over the Rules of Precedent, 50 Duke Law Journal 503–543 (2000).
The Fiscal Powers and the 1930s: Entrenchment, 41 William & Mary Law Review 295–308 (1999).
Would All the Laws but One Be Close Enough for Government Work? (reviewing William H. Rehnquist; and Edward Zwick, All the Laws but One: Civil Liberties in Wartime<em>; and </em>The Siege) 2 The Green Bag Second Series 333–341 (1999).
In the Beginning Are the States, 22 Harvard Journal of Law & Public Policy 173–179 (1998).
Jurisdiction, Congressional Power, and Constitutional Remedies, 86 Georgia Law Journal 2513–2524 (1998).
Review of Currie, The Constitution in Congress (reviewing David P. Currie, The Constitution in Congress: The Federalist Period, 1789-1801) 15 Constitutional Commentary 383–395 (1998).
The Constitutional Origins and Implications of Judicial Review, 84 Virginia Law Review 333–387 (1998).
Panel Four: Relimiting Federal Judicial Power: Should Congress Play a Role?, 13 Journal of Law & Politics 627–668 (1997).
Substantive Due Process and the Constitutional Text, 83 Virginia Law Review 493–558 (1997).
The Power of Congress to Limit the Jurisdiction of Federal Courts and the Text of Article III, 64 University of Chicago Law Review 203–256 (1997).
Equality, Race Discrimination, and the Fourteenth Amendment, 13 Constitutional Commentary 243–255 (1996).
Richard Epstein’s Big Picture, 63 University of Chicago Law Review 837–876 (1996).
Utopia’s Law, Politics’ Constitution, 19 Harvard Journal of Law & Public Policy 917–940 (1996).
Panel II: Conducting Ethics Investigations amid Partisan Influences, 11 Journal of Law & Politics 467–495 (1995).
If the Eye Offend Thee, Turn Off the Color, 91 Michigan Law Review 1213–1241 (1993).
Free Exercise Clause As a Rule about Rules, 15 Harvard Journal of Law & Public Policy 169–180 (1992).
Reconstructing the Privileges or Immunities Clause, 101 Yale Law Journal 1385–1474 (1992).
Whose Gods Are These, Anyway? (reviewing Earl M. Maltz, Civil Rights, the Constitution, and Congress, 1863-1869) 1992 Public Interest Law Review 108–114 (1992).
Role of the Legislative and Executive Branches in Interpreting the Constitution, 39 Cornell Law Review 371–374 (1988).

Reports & Datasets

StatementThe President’s Request to Extend the Service of Director Robert Mueller of the FBI Unit, S. Hrg. 112-94 , US Government Printing Office 19–21, 31 (2011).
StatementExamining the History and Legality of Executive Branch Czars , US Government Printing Office 11–12, 58 (2009).
StatementChild Custody Protection Act: Protecting Parents’ Rights and Children’s Lives , US Government Printing Office 13–14, 19 (2004).
StatementChild Custody Protection Act , US Government Printing Office 8–10, 32 (2001).
StatementChild Custody Protection Act , US Government Printing Office 21–23, 26 (1999).
StatementBackground and History of Impeachment , US Government Printing Office 77–80 (1998).
StatementThe Child Custody Protection Act , US Government Printing Office 35–37 (1998).
StatementHate Crimes Prevention Act of 1997 , US Government Printing Office 55–59, 73 (1998).
Statements (with Lillian R. BeVier)The Propriety of the Taxpayer-Funded White House Data Base , US Government Printing Office 121–145 (1996).
StatementAbuse of Taxpayer Funds to Subsidize Lobbying and Political Activity , US Government Printing Office 360–387 (1995).

Op-Eds, Blogs, Shorter Works

The Article II Executive Power and the Rule of Law (Part V), Volokh Conspiracy (July 26, 2019).
The Article II Executive Power and the Rule of Law (Part IV), Volokh Conspiracy (July 25, 2019).
The Article II Executive Power and the Rule of Law (Part III), Volokh Conspiracy (July 24, 2019).
The Article II Executive Power and the Rule of Law (Part II), Volokh Conspiracy (July 23, 2019).
The Article II Executive Power and the Rule of Law (Part I), Volokh Conspiracy (July 22, 2019).
To the Bag: No Congressional Approval, 11 The Green Bag Second Series 283 (2008).
Roberts Won’t Make Law; Legislatures Will, Richmond Times-Dispatch E1 (July 31, 2005).
Marbury v. Madison after 200 Years: Celebrated Maybe a Bit Too Much?, Legal Times 58–59 (February 24, 2003).

Current Courses

Contracts
Corporations

All Courses

Constitutional History II: From Reconstruction to Brown
Civil Procedure
Federal Income Tax
Law and Political Participation
Legislation
Property
Remedies
Seminar in Ethical Values

IN THE NEWS

02/24/2023
Does the Administrative Procedure Act Provide for Universal Vacatur? (The Federalist Society)
12/05/2022
Why Roberts and Kavanaugh Got So Furious at Biden’s Solicitor General (Slate)
08/06/2022
Prof. John Harrison: Courts Are Not Agencies (The Volokh Conspiracy)
08/05/2022
Prof. John Harrison: Do Statutes Offering Pre-Enforcement Review Support Remand Without Vacatur? (The Volokh Conspiracy)
08/04/2022
Prof. John Harrison: More Reasons Unlawful Regulations Are Void Ab Initio (The Volokh Conspiracy)
08/03/2022
Prof. John Harrison: Are Unlawful Regulations Void When Issued? (The Volokh Conspiracy)
08/02/2022
Prof. John Harrison: Remand Without Vacatur Assumes that Unlawful Regulations Bind Until Courts Act (The Volokh Conspiracy)
09/20/2021
Top 20 Most-Cited Originalism Scholars, 2016-2020 (The Originalism Blog)
03/22/2021
Washington, D.C., Statehood Divides Congressional Hearing (The Wall Street Journal)
03/16/2021
United States v. Arthrex, Inc. (Oral Argument 2.0)
01/17/2021
Law Experts Weigh In on Presidential Pardoning Powers During Virtual Panel (NBC29)
01/06/2021
Police Powers and the Pandemic (The Federalist Society)
02/08/2020
Vexit: Almost Second Amendment Heaven, West Virginia (The Roanoke Times)
02/05/2020
What Does It Mean Now That Virginia Has Ratified the Equal Rights Amendment? (Washingtonian)
01/23/2020
Key CFPB Defenders Urge SCOTUS To Skip Constitutional Issue (Reuters)
01/22/2020
Can Courts Consider Severability Before Other Questions? (The Volokh Conspiracy)
09/22/2019
Appeals Court To Review Jurisdiction Decision in Rally Defamation Suit (The Daily Progress)
09/18/2019
What The Constitution Says About D.C. Statehood (WPGC Radio)
07/26/2019
The Article II Executive Power and the Rule of Law (Part V) (The Volokh Conspiracy)
07/25/2019
The Article II Executive Power and the Rule of Law (Part 4) (The Volokh Conspiracy)
07/24/2019
The Article II Executive Power and the Rule of Law (Part III) (The Volokh Conspiracy)
07/23/2019
The Article II Executive Power and the Rule of Law (Part II) (The Volokh Conspiracy)
07/22/2019
The Article II Executive Power and the Rule of Law (Part I) (The Volokh Conspiracy)
05/17/2019
Lawmakers Demand ‘Due Process’ When Accused of Misconduct. But What Does That Actually Mean? (Pennsylvania Capital-Star)
01/15/2019
Census Ruling Injects Uncertainty Into Supreme Court Next Steps (Bloomberg Law)
01/03/2019
Who's Afraid of Substantive Due Process?: Original Meaning and the Due Process of Law (The Federalist Society)
11/14/2018
Can a Supreme Court Justice Be Removed? (HowStuffWorks)
09/21/2018
Failed Supreme Court Nominations Really Aren’t That Rare (Bloomberg Law)
09/07/2018
Supreme Court Hearings Are Broken, Both Parties Say. How They Can Be Fixed. (Christian Science Monitor)
06/19/2018
The Citizenship Clause (National Constitution Center)
04/13/2017
Freedom Day: The Imperial Presidency Vs. the Constitution (The Constitution Center)
03/27/2017
Democrats Say Supreme Court Nominees Need 60 Votes. Is That True? (TIME)
07/27/2016
Trump Urges Russian Hackers to Find Clinton's Deleted Emails (New York Daily News)
02/03/2016
UVA Law Profs. Weigh in on Ted Cruz Controversy (The Cavalier Daily)
07/24/2015
Iran Deal Opponents Want Senate to Take Special Course Against Obama - There's Just One Problem (IJReview)
04/27/2015
Newt Gingrich: Clinton Foreign Donations 'Clearly' Violate Constitution (PunditFact)
04/16/2015
Can the President and the Vice President be from the Same State? (PunditFact)
03/09/2015
Officer & Senator: Sullivan Cedes Command But Says Roles Jibe (Alaska Public Media)
01/09/2015
The Executive Power to Not Enforce the Law (The Federalist Society)
12/21/2014
Refusniks: Some Attorneys General Play a New Role, Declining to Enforce Laws (Pittsburg Post-Gazette)
10/18/2014
Obama Naming Ebola Czar Follows Long White House Practice (Businessweek)
07/16/2014
Will Boehner Find Friendly Court? (The Hill)
08/19/2013
Ted Cruz Birth Certificate: Is the Tea Party Senator's Canadian Birth a Problem? (International Business Times)
06/13/2013
Experts: 'Treason' a Tough Sell in Edward Snowden Case (Politico)
04/03/2013
The Limits on Our Freedom (The Virginian-Pilot)
01/04/2013
The Situation Room (CNN)
11/06/2011
No, Obama Can't Grant Amnesty By Pardoning Illegal Immigrants (The Washington Post)
09/09/2011
Texas Attorney General Abbott Reacts to Latest Court Ruling on Health-Reform Law (Houston Chronicle)
06/09/2011
Lawmakers Indicate Support for Extending FBI Director's Term (CNN)
06/09/2011
Might Giving Mueller Two More Years as FBI Head Be . . . Unconstitutional? (Wall Street Journal)
06/08/2011
Law Professor Questions Constitutionality of Bill to Extend Mueller's Term (Legal Times)
06/08/2011
Lawmakers Consider Extending the Service of FBI Director Mueller (C-SPAN)
06/08/2011
Bill to Extend FBI Director's Term Faces Legal Doubts (Politico)
03/25/2011
State Lawmakers Try to Defend Light Bulb Freedom (USA Today)
12/01/2010
U.S. Rep. Dave Obey Says an Earmarks Ban Would Greatly Weaken Congressional Authority (Wisconsin Journal Sentinel)
10/24/2010
War of Words on the Constitution (Wilmington News Journal)
10/01/2010
Activists Seek 'Don't Ask' Answers (Politico)
10/07/2009
Panel Finds no Fault with Obama System of Policy 'Czars' (Los Angeles Times)
10/06/2009
As 'Inferior Officers,' Czars Pass Constitutional Muster (Wall Street Journal)
07/28/2009
Sotomayor Sails Through Confirmation, Lindsey Graham Breaks with Pack (Medill Reports)
11/15/2006
Court Order May Delay Jefferson Investigation (New Orleans Times Picayune)
11/29/2005
Inside the Alito Memo (Legal Times)
11/26/2005
Constitutional Beliefs Make Alito Superb Choice (author) (Augusta (Ga.) Chronicle)
10/24/2005
Many Legal Scholars See Miers Tipping Balance on Roe (Arkansas Democrat Gazette)
08/28/2005
Divining the Meaning of the Constitution
08/04/2005
Commentary: Should the Senate Confirm John Roberts as a Supreme Court Justice? Yes. (author) (Provo [Utah] Daily Herald)
07/24/2005
Commentary: Rule of Law Paramount to Nominee (Ventura County [Calif.] Star (and other Knight Ridder newspapers))
07/22/2005
'Hapless Toad' Case Fuels Fears of Robert's Foes/They Say It Shows Roberts Backs Limited U.S. Regulation of States (New Orleans Times Picayune)
06/16/2005
Burned Texts Left at Islamic Center (The Roanoke Times)
02/25/2005
Reporters' Phone Records Are Protected, Court Rules/U.S. Attorney Can't Force N.Y. Times to Supply Documents (The Washington Post)
10/01/2004
Appeals Court Rules on Computers, Porn (Associated Press)
06/03/2004
Event: Senate Judiciary Committee (FNS Daybook)
07/03/2003
Analysis: Justices Wrap Up Term with Major Rulings (NPR)

AT UVA LAW

‘Common Law’ S5 E4: Avoiding the Separation-of-Powers Question
Professor Digs Into Why Courts Punt on Certain Conflicts Between Congress, Executive
‘Common Law’ S5 E2: The Supreme Court Case That Could Rewrite Democracy
‘Common Law’ Explores a Supreme Court Case That Could Rewrite Democracy
‘Common Law’ S4 E10: The President’s Power To Hire and Fire
‘Common Law’: The President’s Power To Hire and Fire
‘Common Law’ S4 E5: The Railroad Strike Case That Made History on Federal Injunctions
‘Common Law’: The Railroad Strike Case That Made History on Federal Injunctions
‘Common Law’ S4 E2: Inside the President’s Supreme Court Commission
‘Common Law’: Inside the President’s Supreme Court Commission
‘Common Law’ Podcast’s Fourth Season Features 4 ‘Co-Counsel’
Can the President Pardon Himself?
Faculty Focus: Civil Litigation and Democratic Process
Originalist Perspectives on Stare Decisis
A Primer on Impeachment
Impeachment and National Security
Overview of the 1L Curriculum (2019)
The Due Process Clause: Its Original Meaning and Future Application
International Law and the Judiciary, 31st Sokol Colloquium
Faculty on the Vanguard of the First Amendment
Food for Thought: Incubator Lunches Allow Professors to Audition Ideas for Scholarship
Book Panel on Professor Saikrishna Prakash's "Imperial from the Beginning"
A Supreme Vacancy
A Supreme Vacancy
11 Ways UVA Law Prepares Students to Go Global
Federalist Society Student Symposium to Focus on Poverty and Inequality
"Excutive Amnesty" with UVA Law Professors David Martin and John Harrison
Andrew Kilberg '14 Is Fourth UVA Law Graduate Named to Clerk at Supreme Court Next Term, Tying School Record
"Arizona v. United States: Implications of the Supreme Court's Ruling"
"A Debate on Citizens United"
'War Model' of Dealing with Terrorism Remains Strong Under Obama, Professors Say
"9/11 and the Law – 10 Years Later"
"The Debt Ceiling and Section 4 of the 14th Amendment," with Professor John Harrison
Harrison Tells Congress that White House ‘Czars’ Are Legal
Harrison Tells Congress that White House 'Czars' Are Legal
Michel Explains Role of Federal Circuit, Offers Advice to Students
Presidential Signing Statements Constitutional, Says Harrison
Supreme Court Still Divided, Professors Say
Back to School
Common Law S5 E4: Avoiding the Separation-of-Powers Question

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