Originalism in the Blogs
Michael Ramsey
David H. Gans: Originalist Sins Squared: CAC Files Brief in Coleman v. Maryland Court of Appeals, Urges Supreme Court to Uphold Family and Medical Leave Act.
Bradley W. Miller: Origin Myth: The Persons Case, the Living Tree, and the New Originalism
Michael Ramsey
Bradley W. Miller (University of Western Ontario – Faculty of Law) has posted Origin Myth: The Persons Case, the Living Tree, and the New Originalism (The Challenge of Originalism, G. Huscroft, B. Miller eds., Cambridge University Press, 2011) on SSRN. Here is the abstract: ‘Originalist constitutional interpretation is fundamentally incompatible with 80 years of Canadian […]
Originalism in the Blogs
Michael Ramsey
At The Economist's "Democracy in America" blog: Constitutions and the crises that warp them. This short essay is mostly an interesting thought-experiment about applying originalism to the EU treaties, but contains this provocative conclusion: [D]id America's founders intend the interstate commerce clause to give the federal government authority to legislate Social Security or national health […]
Originalism on the Web
Michael Ramsey
Stephen M. Feldman reviews (not very favorably) Gary L. McDowell's The Language of Law and the Foundations of American Constitutionalism (Cambridge University Press 2010). For a more favorable view, see here.
Originalism on the Web
Michael Ramsey
Video Interview with Geoffrey Stone: How Originalists Have Hijacked the Debate.
Originalism on the Web
Michael Ramsey
Sophia Z. Lee reviews Daniel T. Rodgers' The Age of Fracture. In Rodgers' intellectual history of the last quarter of the twentieth century, originalism apparently plays a surprisingly prominent role (albeit one some may find puzzling). In the review's description: Rodgers has an almost subversive account of originalism. It was, Rodgers argues, “Constitutional conservatism’s flirtation […]
Originalism on the Web
Michael Ramsey
John C. Eastman harshly reviews Erwin Chemerinsky's book The Conservative Assault on the Constitution.
Originalism in the Blogs
Michael Ramsey
At the ACS Blog, Jeremy Leaming: Federal Appeals Court Judge Richard Posner Questions Inconsistent Application of ‘Originalism’
Al Blumrosen and Steven Blumrosen: Restoring the Congressional Duty to Declare War
Michael Ramsey
Al Blumrosen (Rutgers, The State University of New Jersey – School of Law-Newark) and Steven Blumrosen (Rutgers, The State University of New Jersey – School of Law-Newark) have posted Restoring the Congressional Duty to Declare War (Rutgers Law Review, Vol. 63, No. 2, 2011) on SSRN. Here is the abstract: For more than a century […]
Michael Mannheimer: Proportionality and Federalism
Michael Ramsey
Michael Mannheimer (Northern Kentucky University – Salmon P. Chase College of Law) has posted Proportionality and Federalism: a Response to Professor Stinneford (Virginia Law Review In Brief, Vol. 97, p. 51, 2011) on SSRN. Here is the abstract: John Stinneford’s latest article, Rethinking Proportionality Under the Cruel and Unusual Punishments Clause, sheds fresh light on […]