Originalism
Is Originalism Dangerous?
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...
Dean Chemerinsky is Wrong on Originalism (Again)
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...
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...
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...