Archive | Originalism
Left, Right, and Judicial Review
By Ilya Somin on July 12, 2012 5:43 pm in Conservatism, Constitutional History, Constitutional Theory, Federalism, Health Care, Individual Mandate, Originalism
The Bar Review version of NFIB v. Sebelius
By David Kopel on July 10, 2012 2:52 pm in Commerce Clause, Constitutional Law, Individual Mandate, Originalism, Supreme Court, Taxing and Spending Clause
Chief Justice Roberts and the window tax
By David Kopel on July 9, 2012 2:27 pm in Constitutional History, Constitutional Law, Health Care, Individual Mandate, Originalism, Taxes, Taxing and Spending Clause
Is the individual mandate a “tax” according to the original meaning?
By David Kopel on June 29, 2012 6:30 pm in Constitutional History, Constitutional Law, Individual Mandate, Originalism, Supreme Court, Taxing and Spending Clause
Necessary and Proper Clause returned to the Original Understanding. Podcast with Ilya Somin, and more
By David Kopel on June 29, 2012 5:46 pm in Constitutional History, Constitutional Law, Necessary and Proper, Originalism
Podcast on the creation of the Second Amendment
By David Kopel on June 8, 2012 5:55 pm in Constitutional History, Constitutional Law, Guns, Militia, Originalism
Larry Solum on Originalism and Political Ignorance
By Ilya Somin on March 6, 2012 6:39 pm in Constitutional Law, Constitutional Theory, Originalism, Political Ignorance
Originalism and Political Ignorance
Substantive Due Process News
By David Bernstein on February 22, 2012 4:06 pm in Constitutional History, Constitutional Law, Constitutional Theory, Originalism
Why Same-Sex Marriage Bans Qualify as Sex Discrimination
By Ilya Somin on February 7, 2012 8:35 pm in Constitutional Law, Constitutional Theory, Gay Marriage, Gay Rights, Originalism, Same-Sex Marriage, Sex Discrimination
Calabresi & Rickert Respond to Whelan on Originalism and Sex Discrimination
By Jonathan H. Adler on December 14, 2011 4:18 pm in Constitutional Theory, Originalism, Sex Discrimination
Whelan v. Calabresi & Rickert on Originalism and Sex Discrimination
By Jonathan H. Adler on December 3, 2011 9:15 am in Constitutional Theory, Originalism, Sex Discrimination
An Originalist Argument for the Unconstitutionality of Sex Discrimination
By Jonathan H. Adler on November 27, 2011 11:30 am in Constitutional Theory, Originalism, Sex Discrimination