John O. McGinnis & Michael B. Rappaport: The Abstract Meaning Fallacy
Michael Ramsey
John O. McGinnis (Northwestern University – School of Law) and Michael B. Rappaport (University of San Diego School of Law) have posted The Abstract Meaning Fallacy (University of Illinois Law Review, Forthcoming) on SSRN. With apologies for promoting the work of my co-blogger, this is an exceptionally important contribution to the literature on originalist methodology. […]
Originalism on the Web
Michael Ramsey
Edward A. Fallone: The Original Intent of the Recall Power. This essay is especially interesting in that it addresses the recall provisions of the Wisconsin constitution. That setting in turn raises a question for originalists — one once posed to me (but not answered) by Professor Sai Prakash: Is originalism a theory of interpretation of (a) […]
András Jakab: Constitutional Reasoning in Constitutional Courts – A European Perspective
Michael Ramsey
András Jakab (Max Planck Institute for Comparative Public Law and International Law, Heidelberg) has posted Constitutional Reasoning in Constitutional Courts – A European Perspective on SSRN. Here is the abstract: In this paper we are going to analyse how constitutional courts are able to extract the most meaning from a (necessarily) short text, such as […]
Originalism on the Web
Michael Ramsey
Jim Newton reviews Gunfight: The Battle Over the Right to Bear Arms in America by Adam Winkler. For an article adapted from the book, see The Secret History of Guns, posted here.
Originalism on the Web
Michael Ramsey
Andrew Cohen: What George Washington Thought About the Constitution.
Eugene Kontorovich: Discretion, Delegation, and Defining in the Constitution’s Law of Nations Clause
Michael Ramsey
Eugene Kontorovich (Northwestern University Law School) has posted Discretion, Delegation, and Defining in the Constitution's Law of Nations Clause (Northwestern University Law Review, Vol. 106, 2012) on SSRN. Here is the abstract: Never in the nation’s history has the scope and meaning of Congress’s power to “Define and Punish. . . Offenses Against the Law […]
William P. Marshall: Progressive Constitutionalism, Originalism, and the Significance of Landmark Decisions in Evaluating Constitutional Theory
Michael Ramsey
William P. Marshall (University of North Carolina (UNC) at Chapel Hill – School of Law) has posted Progressive Constitutionalism, Originalism, and the Significance of Landmark Decisions in Evaluating Constitutional Theory (Ohio State Law Journal, Vol. 72, No. 4, 2011) on SSRN. Here is the abstract: West Virginia State Board of Education v. Barnette, Brown v. […]
Michael P. O’Shea: Modeling the Second Amendment Right to Carry Arms
Michael Ramsey
Michael P. O'Shea (Oklahoma City University School of Law) has posted Modeling the Second Amendment Right to Carry Arms (I): Judicial Tradition and the Scope of ‘Bearing Arms’ for Self-Defense (American University Law Review, Vol. 61, 2012) on SSRN. Here is the abstract: This Article sheds light on the most important constitutional question opened up […]
Originalism on the Web
Michael Ramsey
On November 3, Boston University School of Law is holding a Symposium on Jack Balkin’s Living Originalism and David Strauss’ The Living Constitution. Here is the announcement: Boston University School of Law is pleased to launch a new series of symposia on significant recent books in law. The distinctive format is to pick two significant recent books […]
Originalism on the Web
Michael Ramsey
At NRO, Joel Alicea: Questioning the Supreme Court’s Supremacy.