archive

Originalism’s pretenses

Keith E. Whittington (Princeton): Originalism: A Critical Introduction. Ian C. Bartrum (UNLV): Two Dogmas of Originalism. Eric Berger (Nebraska): Originalism's Pretenses. Lawrence B. Solum (Georgetown): Originalism and the Unwritten Constitution. Thomas Colby (George Washington): Originalism and the Ratification of the Fourteenth Amendment. John O. McGinnis (Northwestern): Public Choice Originalism: Bork, Buchanan and the Escape from the Progressive Paradigm. Ilya Somin (George Mason): The Borkean Dilemma: Robert Bork and the Tension between Originalism and Democracy. Yvonne Tew (Columbia): Originalism at Home and Abroad. Jack M. Balkin (Yale): Why are Americans Originalist? Forget the Framers: The Supreme Court should not rely on James Madison in deciding how much power the president has to make recess appointments. Canada views its constitution as “a living tree capable of growth and expansion”; such a tree is still alive in the United States — at least for now. The preface to Historicism, Originalism and the Constitution: The Use and Abuse of the Past in American Jurisprudence by Patrick J. Charles. Whitley Kaufman reviews Originalism and the Good Constitution by John O. McGinnis and Michael B. Rappaport. Eric Posner on a simple (and serious) puzzle for originalists. Dawn Johnsen on Windsor, Shelby County, and the demise of originalism: A personal account. Joel Heller on Shelby County and the end of history. Originalism's sin: An article on Antonin Scalia and language. The Supreme Court’s staunchest conservative Antonin Scalia strikes down Chicago-style pizza, is “pizza originalist”.