“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Yesterday I discussed the impact of emotion on American politics. No one can discount the power of the heart, even when it comes to a judge’s decision. Take for example most of the leftist decisions of the 20th century. They aren’t based on the...
In The Atlantic, Erwin Chemerinsky: Even the Founders Didn’t Believe in Originalism. He principally argues points, both of which have been refuted many times, but it’s probably worth going through them again. A third, which he introduces only at the end, is...
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...
At Legal Theory Blog, Legal Theory Lexicon: Principles in Constitutional Theory. From the introduction: When studying constitutional law, students are likely to be exposed to the idea that interpretation of the United States Constitution may include reference to what...
Recently published: Advanced Introduction to Legal Reasoning, by Larry Alexander (University of San Diego Law School) and Emily Sherwin (Cornell Law School) (Edward Elgar Publishing 2021). Here is the book description from the publisher: This insightful and highly...
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...