The Originalism Blog

The Blog of the Center for the Study of Constitutional Originalism at the University of San Diego School of Law

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Divided Argument on Historical Practice
Michael Ramsey

At Divided Argument, Will Baude: A Scholarly Roundtable on History and Practice (with Christian Burset, Jonathan Green and Ryan Snyder).  From the introduction: [Will Baude:] I’ve been very interested in a recent round of scholarship on history and tradition in legal interpretation, and I hosted a written roundtable discussion with the authors of three of […]

Aaron Nielson & Christopher Walker: Article II and the Civil Service
Michael Ramsey

Aaron L. Nielson (University of Texas at Austin School of Law) & Christopher J. Walker (University of Michigan Law School) have posted Article II and the Civil Service (Virginia Law Review, Vol. 113, forthcoming 2027) (58 pages) on SSRN.  Here is the abstract: The federal government employs more than two million civil servants. Most are hired […]

Tyler Lindley: The Law of Certiorari
Michael Ramsey

Tyler B. Lindley (Brigham Young University – J. Reuben Clark Law School) has posted The Law of Certiorari (94 University of Chicago Law Review (forthcoming 2027)) (67 pages) on SSRN.  Here is the abstract: The Supreme Court’s current certiorari jurisdiction is a powerful tool for judicial agenda control. The conventional wisdom holds that no law […]

Birthright Citizenship Argument Today: Some Final Thoughts
Michael Ramsey

I think there’s a lot at stake for originalism here, beyond the particular issue of the case. Trump v. Barbara has been argued expressly on originalist grounds by both sides.  Both sides are supported by sophisticated scholarship of dedicated academic originalists.  As Larry Solum writes in his important post on the case, the originalist position […]

Matthew Lawrence & Mark Nevitt: Reviving the Military’s Term Limit
Michael Ramsey

Matthew B. Lawrence (Emory University School of Law) & Mark Nevitt (Emory University School of Law) have posted Reviving the Military’s Term Limit (G.W. L. Rev. (forthcoming)) (66 pages) on SSRN.  Here is the abstract: This Article argues for the revival of a dormant constitutional safeguard that the Framers intended to keep the military accountable to the […]

Lawrence Solum on the Birthright Citizenship Litigation
Michael Ramsey

[Ed.:  We’re lifting the birthright citizenship moratorium briefly in light of the importance of the linked post.] At Legal Theory Blog, Lawrence Solum: Six Thoughts on Originalism and the Birthright Citizenship Clause. Here is the first one: First Thought: Party Presentation Has Focused on the Original Meaning of the Clause Sometimes, the Supreme Court decides […]

Jeffrey Pojanowski: Faces of Formalism
Michael Ramsey

Recently published, in the Virginia Law Review: Jeffrey A. Pojanowski (Notre Dame Law School): Faces of Formalism (112 Va. L. Rev. 95 (2026)).  Here is the abstract: Formalist approaches to legal interpretation, such as textualism and originalism, are ascendant in federal statutory and constitutional law. Yet with success have come uncertainty and dissatisfaction. Formalists and […]

Josh Blackman on Richard Re on Scalia
Michael Ramsey

At Volokh Conspiracy, Josh Blackman: What Would Have Been Justice Scalia’s Legacy If He Survived Into The Trump Presidency? From the introduction: Richard Re wrote a characteristically insightful post [ed.: noted here] evaluating Justice Scalia’s “uncertain legacy.” Richard makes a fair point that many of Justice Scalia’s most important jurisprudential contributions have fallen out of […]

Thomas H. Lee: The Citizenship Clause’s Residence Requirement
Michael Ramsey

Thomas H. Lee (Fordham University School of Law) has posted The Citizenship Clause’s Residence Requirement (82 pages) on SSRN.  Here is the abstract: The debate about President Trump’s January 20, 2025 Executive Order denying automatic American citizenship to children born in the United States to unlawfully or temporarily present foreign parents is divided into two […]