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...
Evaluating Originalism in the Light of Judicial Review’s Uncertain Origins
Thomas Bettge (independent) has posted Marbury in the Vanishing Cabinet: Evaluating Originalism in the Light of Judicial Review’s Uncertain Origins (Willamette Law Review, Vol. 55, No. 1, 2018) (45 pages) on SSRN. Here is the abstract: Although originalism has...
The Marbury v Madison Myth
Almost everything in modern “constitutional law” is based on a myth. “A long, long time ago — 1803, if the storyteller is trying to be precise — in the famous case of Marbury v. Madison the Supreme Court of the United States created the doctrine of...