Originalism on the Web
Mike Rappaport
Some evidence that originalism is hot. The six most downloaded papers under constitutional interpretation and judicial review on SSRN are by authors writing from an originalist perspective.
Important New Book on Originalism
Michael Ramsey
Constitutional Originalism: A Debate by Robert W. Bennett & Lawrence B. Solum (Cornell University Press) is now available. Here is Professor Solum's description of the book, at his Legal Theory Blog.
Stop the Beach Renourishment and the Problem of Judicial Takings
Michael Ramsey
Ilya Somin (George Mason University School of Law) has posted Stop the Beach Renourishment and the Problem of Judicial Takings (Duke Journal of Constitutional Law & Public Policy, Vol. 6, No. 1, 2011) on SSRN. Here is the abstract: Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection was the Supreme Court’s first […]
The Armies and Navy Clauses: An Analysis of Two ‘Forgotten’ Clauses
Michael Ramsey
Xinping Zhu (Columbia University – Law School) has posted The Armies and Navy Clauses: An Analysis of Two ‘Forgotten’ Clauses and Their Implications for Defense Appropriations on SSRN. Here is the abstract: Article 1, Section 8, Clause 12 and 13 of the Constitution provide that the Congress shall have power “[t]o raise and support Armies, […]
Our Unsettled Ninth Amendment: An Essay on Unenumerated Rights and the Impossibility of Textualism
Michael Ramsey
Louis Michael Seidman (Georgetown University Law Center) has posted Our Unsettled Ninth Amendment: An Essay on Unenumerated Rights and the Impossibility of Textualism (Georgetown Public Law Research Paper No. 10-11) on SSRN. Here is the abstract: The Ninth Amendment – our resident anarchic and sarcastic "constitutional jester" – mocks the effort of scholars and judges […]
What is Originalism?
Michael Ramsey
Dr. Sean Wilson, Esq. (Wright State University) has posted What is Originalism? on SSRN. Here is the abstract: Three kinds of originalist families exist: old-school (framer-intent), neo-originalism and apologetic historicism. Of these three, neo-originalism has had the most recent activity. It has spawned three approaches or "schools of thought:" past reasonable-person meaning; widely-expected case results; […]
Originalism on the Web
Mike Rappaport
Adam Serwer on Originalism v. Potheads.
The Objects of the Constitution
Mike Rappaport
Nicholas Quinn Rosenkranz (Georgetown University Law Center) has posted The Objects of the Constitution (Stanford Law Review, Vol. 63, No. 5, 2011) on SSRN. Here is the abstract: The Constitution empowers and restricts different officials differently. Because different government actors are vested with different powers and bound by different restrictions, one cannot determine whether the […]
Originalism on the Web
Mike Rappaport
Rob Natelson on The Constitution: Does the Necessary and Proper Clause Grant “Broad Authority” to Congress? Actually, None at All.
Textualism and the Problem of Scrivener’s Error
Mike Rappaport
John David Ohlendorf has posted Textualism and the Problem of Scrivener’s Error (Maine Law Review, Vol. 64, January 2012) on SSRN. Here is the abstract: Jurists have long debated the proper approach to “scrivener’s errors,” or legislative slips-of-the-pen. With the rise of the “new textualism,” critics of statutory formalism have used the existence of scrivener’s […]