On Orignialism and Natural Law

On Orignialism and Natural Law

In theย Wall Street Journal, Hadley Arkes:ย โ€˜Originalistโ€™ Judges Lose Sight of Truths That Precede Law – Even if the Constitution is silent on abortion, nature and science have a lot to say about it.ย  From the introduction: The Supreme Court opens its new term...

What’s With My Obsession With the Original Meaning of the Constitution?

An emailer asked me an interesting question: what “the obsession with the original intent of the Founders?” There are really two reasons I care about originalism: rule of law and decentralization. One person making the rules for 300+ million is dangerous...
Originalism and Birthright Citizenship (again)

Originalism and Birthright Citizenship (again)

I have posted a revised version ofย Originalism and Birthright Citizenshipย (Georgetown L.J., forthcoming) on SSRN.ย  This should be close to the final version.ย  Thanks to readers of this blog and of Volokh Conspiracy for helpful comments. I want to respond briefly to...