Originalism
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...
Originalism Is Our Law (At Least When It Suits Us)
Via Neil Siegel at Balkinization, 40 law professors have signed a letter concluding that Senator Kamala Harris is a natural born citizen and thus eligible for the presidency and the vice-presidency. The letter’s argument generally parallels my thoughts on the...
Originalism and the Impeachment Hearings (so far)
Apparently the law professors’ testimony in the impeachment hearings last week had a fair bit of originalist-oriented discussion. Michael Dorf and Saul Cornell have different views on whether that’s appropriate for (presumably) non-originalist scholars. ...
My Thoughts on Segall versus Solum: Living Constitutionalism vs Originalism
Last week I promised some thoughts on the exchange between Eric Segall and Larry Solum. Here they are. To oversimplify, Professor Solum argues that sometimes originalism requires interpreters to consider changed facts (or changed understandings of facts) in applying...