Originalism in the Blogs
Michael Ramsey
David Gans: Perfecting the Declaration: The Text and History of the Equal Protection Clause of the Fourteenth Amendment
Originalism in the Blogs
Michael Ramsey
At the Legal History Blog, Karen Tani reports on the Kathryn T. Preyer awards (for junior scholars in legal history). At least two of the honored papers are of likely originalist interest: Michael Schoeppner — “Atlantic Emancipations and Originalism: An Atlantic Genealogy of Dred Scott” This essay explores the roots of Justice Taney’s reasoning in […]
Originalism in the Blogs
Michael Ramsey
At Balkinization, Gerard N. Magliocca: Mea Culpa During the debt ceiling showdown this summer, I argued that, in the event that the Treasury could not meet our debt obligations, the President would have the authority to borrow unilaterally to prevent a violation of Section Four of the Fourteenth Amendment, which says that "The validity of […]
Originalism in the Blogs
Michael Ramsey
At Reason.com, Damon W. Root: John Paul Stevens’ Faint-Hearted Liberalism.
Originalism on the Web
Michael Ramsey
At Notre Dame Philosophical Reviews, Craig Duncan (Ithaca College, Philosophy & Religion) reviews David A. Strauss, The Living Constitution. (Thanks to Michael Perry for the pointer). After a tour through Strauss’ criticisms of originalism and his case for common law constitutionalism, Professor Duncan offers an alternative theory: [C]onsider a distinction Strauss draws between "rigorous" and "moderate" […]
Rakove on Brookheiser on Madison
Mike Rappaport
Jack Rakove reviews with some strong criticisms Richard Brookheiser's new book on Jame Madison. I have read Brookheiser's book on the Adams dynasty, which was pretty good. Rakove is very close to this material, having written a biography of Madison in the past and now in the process of writing a book called A […]
Originalism on the Web
Michael Ramsey
At Defining Ideas, James Huffman (Lewis & Clark Law School): Wanted: More Judicial Activism! (via Instapundit)
Gary Lawson on Originalism and Construction
Mike Rappaport
As Mike Ramsey previously noted, Gary Lawson has a new piece commenting on the new books by Jack Balkin and David Strauss. Gary begins the essay in a characteristically interesting way: In 2011, originalism is a hot topic to discuss and a cool position to advocate.Either portion of that statement would have been nearly inconceivable […]
Originalism and the Supreme Court: Two Free Speech Cases
Michael Ramsey
Two cases this term may give the Supreme Court a chance to put some originalism into First Amendment analysis. Golan v. Holder, argued earlier this month, involves the intersection of the First Amendment and copyright law; United States v. Alvarez, which the Court will hear later this term, involves the federal Stolen Valor Act, criminalizing […]
Originalism in the Blogs
Michael Ramsey
At Reason.com, Damon W. Root: "Strictly obeying the original meaning of the Constitution can lead Justice Thomas to liberal results". On Thomas, Lincoln Caplan and stare decisis: Writing in The New York Times, Lincoln Caplan topped off a laundry list of Thomas’ alleged judicial sins by pointing out “the most extreme part of Justice Thomas’s […]