Originalism
Unifying Original Intent and Original Public Meaning
John McGinnis and I have just published a new article onย Original Methods Originalism, the interpretive theory that we have developed. In this post, I wanted to describe the first part of the article. In a second post, John will describe the latter part of our piece....
The Supreme Court just applied originalism to an Indian treaty, so why not to the Constitution?
Whenever a president nominates to the Supreme Court someone who pledges to apply the Constitution as written, liberal commentators emerge to explain why this is a bad idea. They claim that โoriginalismโ โ applying the Constitution as the Founders understood it โ is...
The Constitution and Originalism: Good Morning Liberty 02-04-19
“Originalism” is how the Founders expected the Constitution to be interpreted. On this episode of Good Morning Liberty, Michael Boldin (follow) goes over the basic principles of constitutional originalism and shares some tips on how to use them to...
An Important Difference Between Historians and Originalist Law Professors
Recently, I was having a discussion with a law professor who looks at matters from a historical perspective. While such law professors are not professional historians, many of them have adopted the historian’s perspective. During our discussion, one aspect of...