Dean Chemerinsky is Wrong on Originalism (Again)
Inย The Atlantic, Erwin Chemerinsky:ย Even the Founders Didnโt Believe in Originalism.ย He principally argues points, both of which have been refuted many times, but it’s probably worth going through them again.ย A third, which he introduces only at the end, is...
Evaluating Originalism in the Light of Judicial Review’s Uncertain Origins
Thomas Bettge (independent) has postedย Marbury in the Vanishing Cabinet: Evaluating Originalism in the Light of Judicial Review’s Uncertain Originsย (Willamette Law Review, Vol. 55, No. 1, 2018) (45 pages) on SSRN.ย Here is the abstract: Althoughย originalismย has...
The Marbury v Madison Myth
Almost everything in modern “constitutional law” is based on a myth. โA long, long time ago โ 1803, if the storyteller is trying to be precise โ in the famous case of Marbury v. Madison the Supreme Court of the United States created the doctrine of...