Originalism and Sex Discrimination V: Jack Balkin, Original Methods, and Expected Applications
Mike Rappaport
Let me now turn to an interesting aspect of Calabaresi and Rickert’s argument where they employ original methods originalism and Jack Balkin’s criticism of that aspect of their argument. In their paper, Calabresi and Rickert say they are employing original methods originalism – the interpretive method that John McGinnis and I have developed. See here. […]
Originalism and Sex Discrimination IV: Jack Balkin, Public Meaning, and Expected Applications
Mike Rappaport
My last two posts have critically examined Calabresi and Rickert’s argument. Now, for a brief interlude, let me defend them in this and the next post against Jack Balkin’s criticisms. Balkin criticizes Calabresi and Rickert on the ground that their understanding of the 14th Amendment – either privileges or immunities, or equal protection – as […]
Originalism in the Blogs
Michael Ramsey
Paul Kirgis: Originalism, Arbitration, and the Civil Jury.
Calabresi and Rickert Respond to Balkin
Mike Rappaport
As I noted previously, Jack Balkin wrote a critique of Calabresi and Rickert's new article. They now respond on Balkinization. Here is an excerpt: Balkin argues that the idea that the Fourteenth Amendment’s ban on caste or class legislation is only an original expected application of the Fourteenth Amendment and is not part of its […]
Stephen Griffin on War Powers
Michael Ramsey
At Balkinization, Stephen Griffin begins a series of guest posts based on his forthcoming war powers book: How to Think About War Powers, Pt. 1. Professor Griffin's book is, I take it, not mainly originalist, but his opening post has some discussion of original meaning, and includes some kind words about my book The Constitution's […]
Originalism and Sex Discrimination III: More on the Meaning of Caste
Mike Rappaport
In my last post, I noted the importance of the evidence that Calabresi and Rickert uncover about the meaning of caste at the time of the 14th Amendment. While they decline to employ it, caste may mean an hereditary classification and that would exclude distinctions based on sex from being treated as caste distinction. Ed […]
Originalism and Sex Discrimination II: Expected Applications and the Meaning of Caste
Mike Rappaport
In my first post, I summarized Calabresi and Rickert’s argument. In this post, I want to criticize their interpretation of my own work and to suggest a meaning of the 14th Amendment that they appear to have overlooked. Calabresi and Rickert argue in favor of an original public meaning approach. They reject the original expected […]
Originalism and Sex Discrimination I: Introduction
Mike Rappaport
Steven Calabresi and Julia Rickert have written a provocative piece that has generated significant attention arguing that the 14th Amendment, as modified by the 19th Amendment, prohibits sex discrimination. Steve is both my friend and a former classmate. Steve has also made very significant contributions in a variety of areas to the Originalist Renaissance. The […]
Originalism on the Web
Michael Ramsey
At Slate, David Gans & Doug Kendall: The Meaning of Equal – Conservative originalists are rethinking their narrow reading of the 14th Amendment.
Originalism in the Blogs: Guns in Early America
Michael Ramsey
At Volokh Conspiracy, Eugene Volokh corrects some history about gun ownership: A Cautionary Note for Readers of “The People” of the Second Amendment: Citizenship and the Right To Bear Arms, 85 N.Y.U. L. Rev. 1521 (2010). (The original article, by Professor Pratheepan Gulasekaram, is here). I read with interest “The People” of the Second Amendment: Citizenship […]