On Originalism and Textualism

On Originalism and Textualism

At Bloomberg, Noah Feldman: Scalia’s Ghost Is Haunting Conservative Justices.  From the introduction: Three conservative Supreme Court justices declared this month that the Constitution should be read to give state legislatures unlimited control of electoral...
Bad Textualism (Again)

Bad Textualism (Again)

At Balkinization, Richard Primus argues that, under a textualist interpretation, the President could be impeached for matters in addition to high crimes and misdemeanors: It Doesn’t Say “Only”: A Textual Point About Impeachment.  He argues: Article II, Section 4 of...