Originalism
Justice Barrett, Slavery, and Birthright Citizenship
Justice Barrett raised a crucial issue in today's birthright citizenship oral argument. Trump's Solicitor General gave an inaccurate response.
Slavery, Birthright Citizenship, and Today's Upcoming Supreme Court Oral Argument
The administration's arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendment.
New Book Chapter on "The Right to Use Private Property"
It argues that the right to use property is central to both the value of property rights generally, and the property rights protected by the Takings Clause of the Fifth Amendment.
My New Lawfare Article on "Slavery and Birthright Citizenship"
The article explains how all the standard arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendment.
Slavery and Birthright Citizenship
All the Trump Administration's arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendment - granting citizenshp to freed slaves and their descendants.
Birthright Citizenship Re-Examined (from an Originalist Perspective)
Professor Michael Ramsey revisits the original public meaning of the 14th Amendment's citizenship clause.
The Original Meaning of Birthright Citizenship
Problems ahead for the Trump administration
More Historical Evidence Showing that the Public Use Clause of the Fifth Amendment Does Not Allow Takings that Transfer Property to Private Parties
Harvard law Prof. Maureen Brady uncovers relevant evidence from late-nineteenth century state constitutional conventions.
Chief Justice Roberts on the Declaration of Independence
Roberts' year-end report on the federal judiciary includes some notable statements about the Declaration and its relevance to constitutional interpretation and judicial review.
What If Congress Limited Birthright Citizenship and Nobody Noticed?
A new study further undermines revisionist claims about birthright citizenship under the Fourteenth Amendment, noting a dog that did not bark.
Listening to Justice Barrett
My review of Amy Coney Barrett's Listening to the Law.
Justice Kennedy on Originalism and Bush v. Gore
Interesting tidbits in an interview with Adam Liptak
Justice Barrett on Common Good Constitutionalism (Updated)
The Justice discusses originalism, common good constitutionalism, and King v. Burwell in a recent interview.
Caleb Nelson's Originalist Critique of Unitary Executive Theory
The prominent originalist legal scholar argues the Constitution does not require that the president have the power to fire executive branch officials.
My Jotwell Review of Michael Ramsey's "The Originalist Case Against the Insular Cases"
The article makes a compelling argument that has broader implications.
"Yes, The Founders Were Originalists"
A critical review of a new book on history and originalism.
A Bad Decision on Nationwide Injunctions
Today's Supreme Court ruling barring nationwide injunctions could empower the federal government to engage in large-scale violations of the Constitution. Exactly how bad the consequences will be depends on the extent to which other remedies can be used to forestall them.
The Divisions Among the Court's Originalists
Professor Joel Alicea on how to understand what may be the most important jurisprudential divisions on the Supreme Court.
Video of National Constitution Center Panel on "The War Over the Constitution's Meaning"
The participants were Amanda Shanor (Univ. of Pennsylvania), Alan Trammell (Washington and Lee), Wilfred Codrington, III (Cardozo), and myself.
Bernick v. Wurman on Birthright Citizenship and the 14th Amendment
An important (and importantly civil) debate on birthright citizenship.
88 Problems for Kurt Lash
Evan Bernick's first in a series of guest-blogging post: Part I of a critique of an important defense of the constitutionality of Donald Trump's executive order on birthright citizenship.
Is and Ought in Constitutional Law
A response to Joel Alicea on whether originalism needs a moral defense.
Perils of Unitary Executive Theory
The originalist case for a unitary executive falls apart in an era when many of the powers wielded by the executive branch were not originally supposed to be federal powers in the first place.
Is the Jones Act Unconstitutional?
The law is wasteful and protectionist. Now, a new lawsuit argues that it is unconstitutional too.
Randy Barnett: How Legal Is Trump's Agenda?
Georgetown constitutional law professor Randy Barnett discusses the legality of DOGE, Trump's executive orders, and birthright citizenship.
Debating Birthright Citizenship (Again) [UPDATED]
The arguments are not new. The willingness of an Administration to act on them are.
The Meese Revolution: The Making of a Constitutional Moment (2024)
by Steven Gow Calabresi and Gary Lawson.
In Praise of Ignoring Facts: A Review of Jack Balkin's "Memory and Authority"
Why constitutional theory needs more theory.
Review: A Radical Libertarian Lawyer Charts His Evolution
Randy Barnett developed an influential form of constitutional originalism.
Randy Barnett: Originalism, Obamacare, and the Libertarian Movement
Libertarian legal giant Randy Barnett on his epic Supreme Court battles, the Federalist Society, and watching movies with Murray Rothbard.
Thoughts on the Trump Immunity Decision
The Supreme Court's flawed decision largely ignores text and original meaning, and fails to resolve crucial issues.
The Supreme Court's Dubious Use of History in Department of State v. Munoz
Justice Amy Coney Barrett's majority opinion includes significant errors, and violates some of her own precepts against excessive reliance on questionable history.
Constitutional Interpretation in The Collective-Action Constitution
Third in a seris of guest-blogging posts.
Dobbs and the Originalists
Why originalist criticisms of Dobbs often misfire, and why criticisms *of* Dobbs's originalism often misfire too.
Pioneer Institute Hubwonk Podcast on Exclusionary Zoning and the Takings Clause
In interview with Joe Selvaggi of the Pioneer Institute, I explain the harm caused by exclusionary zoning, and why it violates the Takings Clause of the Fifth Amendment.
The Traditionalist Supreme Court
Professor Marc De Girolami's assessment of the Roberts Court.
Michael Rappaport on "the Originalist Disaster" of the Supreme Court's Ruling in Trump v. Colorado
A leading originalist legal scholar explains what the Court got wrong.
New Article on "The Constitutional Case Against Exclusionary Zoning"
Coauthor Josh Braver and I argue exclusionary zoning violates the Takings Clause of the Fifth Amendment.
According to Law
A keynote address to the Symposium on Common Good Constitutionalism.
Who Decides Whether Trump Can Run, and What Sort of Evidence Suffices?
Letting state officials determine whether a candidate has "engaged in insurrection" opens a huge can of worms.
How Originalist Is the Supreme Court?
More than you might think—and it’s getting better all the time.
Why President Trump is an "Officer" who Can be Disqualified From Holding Public Office Under Section 3 of the 14th Amendment [Updated]
The opposing view is contrary to the original meaning, and leads to absurd conclusions.
Frederick Douglass as Natural Rights Originalist
A fascinating new exploration of Frederick Douglass' constitutional thought.
