Originalism
Lawrence Solum on Constitutional Principles
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...
New Book: “Advanced Introduction to Legal Reasoning”
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...
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...
Whatever Happened to Constitutional Fidelity?
Can you imagine a modern president vetoing a bill that created a policy he supported simply because it was unconstitutional? It’s hard to imagine Barack Obama, Donald Trump, George Bush (either one), Bill Clinton, or any president past or present slapping down...