Originalism
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...
The Overly Important Supreme Court
At USA Today, Glenn Reynolds: Ginsburg flap shows Supreme Court, justices are too important. From the introduction: Ruth Bader Ginsburg has died, and the country — or at least its political class — is descending into what will no doubt be a multi-week screaming...
A Response from Michael Dorf & Martin Lederman on Originalism and Natural Born Citizens
At Dorf on Law, Michael C. Dorf & Martin S. Lederman: What is Nonoriginalism? A Response to Professor Ramsey’s Misunderstanding of our Analysis of the Natural Born Citizen Clause. From the introduction: Earlier this month, Chapman law professor John Eastman wrote...