Our Perfect, Perfect Constitution
Mike Rappaport
Michael Stokes Paulsen (University of St. Thomas School of Law) has posted Our Perfect, Perfect Constitution (U of St. Thomas Legal Studies Research Paper No. 11-03) on SSRN. Here is the abstract: In this short article, Professor Paulsen explains how our Constitution is perfect and how every Supreme Court interpretation of the Constitution is also […]
What Makes Originalism Original? A Comparative Analysis of Originalism and its Role in Commerce Clause Jurisprudence in the United States and Australia
Mike Rappaport
Adam A. Perlin has posted What Makes Originalism Original? A Comparative Analysis of Originalism and its Role in Commerce Clause Jurisprudence in the United States and Australia (UCLA Pacific Basin Law Journal, Vol. 23, No. 94, 2005) on SSRN. Here is the abstract: The debate over constitutional interpretation has sometimes been framed as originalists vs. […]
Originalism on the Web
Mike Rappaport
Brian Anderson on The Commerce Clause as a Mechanism to Expand the Federal Government.
Originalism on the Web
Mike Rappaport
Linda Kerber on Can the 14th Amendment defend itself?
Originalism on the Web
Mike Rappaport
Christopher Jon Sprigman on First Do No Harm: Why judges should butt out of the fight over health care reform.
Originalism on the Web
Mike Rappaport
Charles Kanjama on Law interpretation should not be mystery spiritualism.
The Supreme Court Giveth and the Supreme Court Taketh Away: The Century of Fourth Amendment ‘Search and Seizure’ Doctrine
Mike Rappaport
Thomas Y. Davies (University of Tennessee College of Law) has posted The Supreme Court Giveth and the Supreme Court Taketh Away: The Century of Fourth Amendment 'Search and Seizure' Doctrine (Journal of Criminal Law & Criminology, Vol. 100, No. 3, pp. 933-1041, 2010) on SSRN. Here is the abstract: This article presents a legal-realist account […]
Originalism on the Web
Mike Rappaport
David Schultz on What "original intent" would look like.
Originalism on the Web
Mike Rappaport
Laurence H. Tribe On Health Care, Justice Will Prevail. Alex Tabarrok responds to Laurence Tribe's On Health Care, Justice Will Prevail in The Living Constitution.
Originalism on the Web
Mike Rappaport
John Holbo on Originalism and Precedent Revisited: Banzai as Bonsai. Unfortunately, Holbo assumes without sufficient warrant that originalism and precedent are inconsistent. But if the original meaning of the Constitution allows for precedent, as John McGinnis and I argue here, then there is no incompatability.