Originalism in the Blogs
Michael Ramsey
At NRO, Ramesh Ponnuru: Recess Appointments and the Constitution (invoking Mike Rappaport’s scholarship on the original meaning of the recess appointments clause).
Originalism on the Web
Michael Ramsey
At reason.com, Damon Root: Strict Scrutiny: Obamacare and the Long Slow Death of Conservative Judicial Restraint. UPDATE – FURTHER THOUGHTS: Damon Root’s insightful post inspires some originalism-related thoughts. Root highlights political conservatives’ mixed feelings about judicial restraint: once a centerpiece of conservative views of the judiciary, the idea of deference to the political branches has […]
Originalism in the Blogs
Michael Ramsey
More from John Mikhail: The Necessary and Proper Clauses, Part II: Foregoing Powers v. All Other Powers.
Originalism on the Web
Michael Ramsey
In The New Yorker, Jeffrey Toobin profiles Clarence and Virginia Thomas in a long article: Partners: Will Clarence and Virginia Thomas Succeed in Killing Obama's Health Care Plan? Though critical of Thomas in some respects, the article is more respectful of Thomas' dedication to originalism and his role as an intellectual force on the Court than was […]
Originalism on the Web
Michael Ramsey
Carson Holloway: The Balanced Budget Amendment: What Would Hamilton Say?
Originalism in the Blogs: The Affordable Care Act
Michael Ramsey
At SCOTUS Blog, an exchange between Richard Epstein (here) and Laurence Tribe (here) on the Affordable Care Act (ACA) and the original meaning of the commerce clause. (This exchange is part of a wide-ranging symposium on the ACA involving many contributors, much of which is doctrinal rather than originalist. The entire symposium is available here.) […]
James Allan: The Vantage of Law
Michael Ramsey
New book publication: James Allan, The Vantage of Law: Its Role in Thinking about Law, Judging and Bills of Rights (Ashgate 2011). Professor Allan (University of Queensland) is one of Australia's premier originalist-oriented scholars. American readers shouldn't be put off by the sort of odd (from an American perspective) title: Allan's work is insightful, provocative, and […]
Originalism in the Blogs
Michael Ramsey
Jason Mazzone: Individual Mandate: Federalism and Rights. Central point: The federalism challenge to the individual mandate [in the health care act] does not lose its steam merely because the challenge is ultimately directed at promoting individual liberty. That's what federalism does. Seems right to me. I struggle to understand the appeal of a description of […]
Originalism in the Blogs: The Necessary and Proper Clauses
Michael Ramsey
At Balkinization, John Mikhail begins what promises to be a rich and detailed of posts: The Necessary and Proper Clauses. (As he puts it, "I refer to the N&P 'clauses' (plural) rather than the N&P 'clause' (singular) to emphasize that the relevant text is comprised of three distinct provisions, only the first of which refers to the […]
Originalism in the Blogs: Two Continuing Debates
Michael Ramsey
Jack Balkin weighs in on collective action federalism: Resolution VI as a Principle of Construction. Kurt Lash replies: Jack Balkin’s Response to my Article on Resolution VI. Eugene Volokh responds to Tom Bell on non-originalist textualism: Interpreting the Constitution According to its “Plain, Present, Public Meaning.” UPDATE: Tom Bell replies: Volokh on the Constitution's Plain, […]