Archive | Originalism
Is Originalism the Law?
My New Article on “The Borkean Dilemma: Robert Bork and the Tension Between Originalism and Democracy”
By Ilya Somin on December 20, 2013 11:15 am in Constitutional Theory, Democracy, Originalism, Representation-Reinforcement
University of Chicago Law Review Symposium on the Work of Judge Robert Bork
By Ilya Somin on December 18, 2013 11:10 am in Conservatism, Constitutional Theory, Democracy, Originalism
The Recess Appointments clause: Amicus brief on original meaning based on State practices
By David Kopel on December 15, 2013 7:19 pm in Constitutional History, Constitutional Law, Originalism, Presidency
Does the original meaning of the First Amendment protect a right of privacy in campaign contributions?
By David Kopel on October 21, 2013 10:55 pm in Anonymity, Constitutional History, Constitutional Law, First Amendment, Originalism, Restrictions on Campaign Contrbs. and Expenses
Three Important New Books on Constitutional Law
By Ilya Somin on October 13, 2013 11:45 am in Affirmative Action, Constitutional Law, Constitutional Theory, Originalism
How Best to Secede from a State
By Eugene Kontorovich on October 11, 2013 5:52 am in Constitutional Law, Constitutional Theory, Elections, Federalism, Originalism, Secession, Uncategorized
Justice Scalia Repudiates “Fainthearted” Originalism
Erwin Chemerinsky on Originalism
The Obvious But Underappreciated Point About Federal Power and Equality
Michael Dorf on the Social Practice of Originalism
Originalism and the Constitutionality of Military Intervention in Syria
By Ilya Somin on August 29, 2013 6:58 pm in Constitutional History, Constitutional Law, Originalism, War and Armed Conflict
What Kind of a Theory is Originalism?
Can Lawyers Ascertain the Meaning of the Living Constitution?
By Ilya Somin on August 19, 2013 6:11 pm in Constitutional Theory, Originalism, Representation-Reinforcement