Originalism on the Web
Michael Ramsey
Tim Kowal: The Constitutional Conservatism Newspeak. (Thoughts on Erwin Chemerinsky's 2010 book The Conservative War on the Constitution, leaning heavily on John Eastman's critical review at Claremont Review of Books).
Originalism on the Web
Michael Ramsey
Jeffrey M. Perl, et al.: Between Text and Performance: Symposium on Improvisation and Originalism. (Only the abstract is available for free online.) Jeffrey M. Perl, Philip Gossett, Robert Levin, Jeffrey Kallberg, Steven E. Jones, Martin Puchner, Tiffany Stern, Mark Franko and Roger Moseley
Vinicius Marinho: Two Constitutions in Tension
Michael Ramsey
Vinicius Marinho (UFRJ – Universidade Federal do Rio de Janeiro – FND – Faculdade Nacional de Direito) has posted Two Constitutions in Tension on SSRN. Here is the abstract: Contemporary American constitutionalism’s scholarship tends to primarily observe the constitutional phenomenon from a critical perspective. Orphan and heir of the influence exerted by critical studies in […]
Ozan Varol: The Origins and Limits of Originalism
Michael Ramsey
Ozan O. Varol (Chicago-Kent College of Law) has posted The Origins and Limits of Originalism: A Comparative Study (Vanderbilt Journal of Transnational Law, Forthcoming) on SSRN. Here is the abstract: In the debate about originalism in the United States, scholars have devoted scant attention to the question whether the United States stands alone in its […]
Lee Strang: Originalism and the Aristotelian Tradition
Michael Ramsey
Lee J. Strang (University of Toledo College of Law) has posted Originalism and the Aristotelian Tradition: Virtue’s Home in Originalism on SSRN. Here is the abstract: A concept fundamental to philosophy – virtue – is, with a few notable exceptions, absent from scholarship on constitutional interpretation generally, and originalism in particular. Furthermore, common perceptions of […]
Steve Smith: Freedom of Religion or Freedom of the Church?
Michael Ramsey
Steven Douglas Smith (University of San Diego School of Law) has posted Freedom of Religion or Freedom of the Church? on SSRN. Here is the abstract: This essay argues that the well known problems in modern religion clause jurisprudence can be traced back to a common mistake: we have supposed that the clauses are about […]
Originalism on the Web
Michael Ramsey
Richard Primus responds to Jamal Greene's On the Origins of Originalism (88 Texas L. Rev. 1 (2009)) in The Functions of Ethical Originalism (in the Texas Law Review See Also, the review's excellent on-line forum for responses to their print articles).
Rebecca Zietlow: Popular Originalism? The Tea Party Movement and Constitutional Theory
Michael Ramsey
Rebecca E. Zietlow (University of Toledo – College of Law) has posted Popular Originalism? The Tea Party Movement and Constitutional Theory on SSRN. Here is the abstract: The United States Constitution is currently the subject of a heated political debate. Tea Party activists have invoked the constitution as the foundation of their conservative political philosophy. These […]
Rob Natelson: Proposing Constitutional Amendments by Convention
Michael Ramsey
Robert G. Natelson (The Independence Institute; Goldwater Institute) has posted Proposing Constitutional Amendments by Convention: Rules Governing the Process (Tennessee Law Review, Vol. 78, p. 692, 2011) on SSRN. Here is the abstract: Much of the mystery surrounding the Constitution’s state-application and – convention amendment process is unnecessary: History and case law enable us to […]
Elizabeth Price Foley: The Tea Party and Constitutional Amendments
Michael Ramsey
Elizabeth Price Foley (Florida International University (FIU) – College of Law) has posted Sovereignty, Rebalanced: The Tea Party and Constitutional Amendments (Tennessee Law Review, Vol. 78, p. 751, 2011) on SSRN. Here is the abstract: Arguably since the Marshall Court and undoubtedly since the New Deal, the U.S. Constitution has been subverted to the point […]