Archive | Constitutional Theory
Justice Scalia Repudiates “Fainthearted” Originalism
Erwin Chemerinsky on Originalism
Michael Dorf on the Social Practice of Originalism
The Biggest Democracy’s Bigger Death Penalty
By Eugene Kontorovich on September 13, 2013 6:42 am in Constitutional Law, Constitutional Theory, Criminal Law, Foreign and Religious Law in American Courts, International Law
What Kind of a Theory is Originalism?
Suzanna Sherry on “Universally Condemned” Supreme Court Decisions
By Ilya Somin on August 25, 2013 8:55 pm in Constitutional History, Constitutional Law, Constitutional Theory
Rejoinder to Suzanna Sherry on the Case for “Judicial Activism”
Suzanna Sherry on the Case for “Judicial Activism”
By Ilya Somin on August 20, 2013 7:50 pm in Constitutional History, Constitutional Law, Constitutional Theory
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
The Fiduciary Foundations of Federal Equal Protection
By David Kopel on August 4, 2013 3:46 pm in Constitutional Amendments, Constitutional History, Constitutional Law, Constitutional Theory, Education, Equal Protection, Fifth Amendment, Fourteenth Amendment, Originalism, Supreme Court
Koppelman’s Two Gun Minimum
By Eugene Kontorovich on July 10, 2013 10:40 pm in Constitutional Law, Constitutional Theory, Criminal Law, Guns, Seventh Circuit
Response to Prof. Rosenkranz: ArmS & the Man – or Arms & the People
By Eugene Kontorovich on July 9, 2013 2:33 pm in Constitutional Amendments, Constitutional Law, Constitutional Theory, Fourth Amendment, Guns, Originalism, Right to carry, Self-Defense
Video of the Huffington Post Live Discussion on Democracy and Constitutionalism in Egypt
“A Good Musket” and Bearing Arms
By Eugene Kontorovich on July 8, 2013 11:37 am in Constitutional Amendments, Constitutional Theory, Guns, Militia, Originalism, Right to carry