Originalism in the Blogs
Michael Ramsey
Via David Kopel at Volokh Conspiracy, Rob Natelson on the 14th Amendment and the Debt Ceiling.
Substantive Due Process Part I: The Evolution of My Views
Mike Rappaport
Recently, I finished the newly published article, The One and Only Substantive Due Process Clause by Ryan Williams in the Yale Law Journal. It is a very powerful piece and deserves serious consideration. Prompted by the article, I plan several posts on substantive due process. In this post, I will briefly describe the evolution of […]
Customary International Law in the Early Post-Ratification Era
Michael Ramsey
This post continues my discussion of the originalist aspects of International Law in the U.S. Supreme Court: Continuity and Change (Cambridge Univ. Press 2011), a book I co-edited with David Sloss and William Dodge (brief description here). In my last post, I described how, in the early post-ratification period, the Court aggressively applied treaties basically […]
Treaties as Law in the Post-Ratification Era
Michael Ramsey
As I noted earlier, this week Opinio Juris has been hosting an on-line discussion this week of International Law in the U.S. Supreme Court: Continuity and Change (Cambridge Univ. Press 2011), a book I co-edited with David Sloss and William Dodge. Though not a work of originalism, the book includes an account of how the Court […]
Originalism in the Blogs: Eugene Volokh on the Freedom of Speech
Michael Ramsey
Eugene Volokh: What Part of "Make No Law" Don't I Understand? A sophisticated and insightful post by Professor Volokh, who's becoming the premier scholar of the original meaning of the free speech clause. The central point: [T]he First Amendment doesn’t say that Congress shall make no law restricting speech or press; rather, Congress can’t restrict […]
Originalism in the Journals: Jed Rubenfeld on Affirmative Action
Mike Rappaport
Today starts a new feature at the Originalism Blog: Originalism in the Journals. This will involve a discussion not of new originalist articles, but of old ones that have previously been published. I came across this 1997 Yale Law Journal article by Yale Law Professor Jed Rubenfeld recently. Only a portion of it is devoted […]
International Law in the U.S. Supreme Court
Michael Ramsey
Beginning today, Opinio Juris is hosting an on-line discussion of International Law in the U.S. Supreme Court: Continuity and Change (Cambridge Univ. Press 2011), a book I co-edited with two outstanding scholars, David Sloss (Santa Clara University Law School) and William Dodge (Hastings Law School). Participants will include Ken Anderson, Harlan Cohen, Andrew Kent, Jenny Martinez, […]
Originalism on the Web
Michael Ramsey
Eric A. Posner and Adrian Vermeule, in the New York Times: Obama Should Raise the Debt Ceiling on His Own. Our argument is not based on some obscure provision of the 14th amendment, but on the necessities of state, and on the president’s role as the ultimate guardian of the constitutional order, charged with taking […]
Kersch on Crosskey and Modern Originalism
Mike Rappaport
Ken Kersch has another post on why Crosskey both had so little influence and was disliked so much. Quite interesting, especially the parts relating to the Legal Process school. Kersch notes that Crosskey was deemed a bad historian by many, but says that Raoul Berger was also tagged with that criticism and still had enormous […]
Originalism in the Blogs
Michael Ramsey
David Bernstein: For Intellectual-History-of-Originalism Buffs (commenting on Ken Kersch’s posts about William Crosskey, also noted by Mike Rappaport here).