On Orignialism and Natural Law
In the Wall Street Journal, Hadley Arkes: ‘Originalist’ Judges Lose Sight of Truths That Precede Law – Even if the Constitution is silent on abortion, nature and science have a lot to say about it. From the introduction: The Supreme Court opens its new term...
Originalism and Citizens United (Again)
Dean Erwin Chemerinsky (Berkeley) has an op-ed in the L.A. Times calling the Supreme Court Justices “partisan hacks.” At Volokh Conspiracy, Josh Blackman and Jonathan Adler have some sharp responses. I want to focus on a relatively small part of the...
Was the U.S. Acquisition of Hawaii Unconstitutional?
I think so. The U.S. annexed Hawaii pursuant to a joint resolution of Congress in 1898. It was not done by treaty (a treaty of annexation had been signed in 1893, but newly elected President Grover Cleveland withdrew the treaty from the Senate). It was not done as...