Originalism


On Originalism and Textualism

On Originalism and Textualism

At Bloomberg, Noah Feldman: Scalia’s Ghost Is Haunting Conservative Justices.  From the introduction: Three conservative Supreme Court justices declared this month that the Constitution should be read to give state legislatures unlimited control of electoral...
On Orignialism and Natural Law

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...