[Juan Non-Volokh, June 23, 2005 at 8:29am] Trackbacks
Rappaport on Originalism:

USD law professor Michael Rappaport defends the normative basis of originalism on the Right Coast. In a nutshell, he argues that the supermajoritarian nature of both constitutional ratification and constitutional amendment provide a normative basis for following the original meaning of constitutional text. His post is based, in part, on this article he co-authored with John McGinnis in the Texas Law Review. This paper, in turn, seems to be but one part of this duo's scholarship on the nature of constitutional supermajority rules (see, e.g. here and here).

Related Posts (on one page):

  1. Jack Balkin on Originalism:
  2. Rappaport on Originalism:
[Randy Barnett, June 25, 2005 at 11:32am] Trackbacks
Jack Balkin on Originalism: Jack Balkin has a great post on originalism over at Balkanization. I simply do not have the time at the moment to give it the type of reply it deserves, but Larry Solum already has on Legal Theory Blog. Check out both. Jack is responding to a post by Mike Rappaport on The Right Coast, which those interested in originalism should also read.

I will say this about Jack's post. It takes originalism seriously and attempts to evaluate it respectfully from within it own premises. A hint at my reaction: I titled the chapter on originalism in Restoring the Lost Constitution "An Originalism for Nonoriginalists" for a reason. The same could be said, by the way, for my theory of constitutional legitimacy: it's not just for libertarians.

Related Posts (on one page):

  1. Jack Balkin on Originalism:
  2. Rappaport on Originalism: