Originalism, Common Goodism, and Conservative Constitutionalism
Adrian Vermeule responds to Judge Bill Pryor, and others comment on "Common Good Constitutionalism"
Originalism
My NBC Article on the Confirmation of Supreme Court Nominee Ketanji Brown Jackson
It explains why many of the reasons GOP senators gave for opposing Jackson were ridiculous, but also that there is nothing inherently wrong in opposing a qualified "mainstream" nominee based on differences over judicial philosophy.
Judge Bill Pryor Challenges Common-Good Constitutionalism
A recent lecture defends Originalist judging against its upstart conservative rival.
My Appearance on Prof. Eric Segall's "Supreme Myths" Podcast
We discussed my book "Free to Move," the state of originalism, and other issues.
How to Win a Prize for Writing About Originalism
The new Eaton Award from the University of Chicago Federalist Society: This year's topic is "Does originalism still work?"
Originalism and the Result in Dobbs
Would the outcome in Dobbs put originalism in doubt?
Kelo, Originalism, and Public Use
A response to Jonathan Adler's attempt at an originalist defense of Kelo v. City of New London.
Should an Originalist Justice Support Overruling Kelo v. New London?
The general assumption that the Fifth Amendment bars takings for economic development purposes rests on shaky ground.
My C-SPAN Interview with Charles Kesler, Author of "The Crisis of the Two Constitutions"
I interviewed him on Book TV about his new book.
Meanings, Intentions, Original Law
Another way to understand what originalists are doing.
Supreme Court Ducks Opportunity to Clarify Regulatory Takings Doctrine - Over a Strong Dissent by Justice Thomas
Thomas is right that the doctrine is a mess. But the Court may not be in any hurry to clean it up.
Conservative Judges Chose Legal Principles Over Partisanship and Trump - But We Shouldn't Take that for Granted
Conservative judges have stymied Trump in his election challenges - and many other cases where his positions went against their legal principles. But a populist/nationalist GOP could gradually change the nature of conservative jurisprudence.
Originalism and Personal Jurisdiction: Some Hard Questions
What original principles would say about this term's big case.
Do Originalists Ignore the Reconstruction Amendments?
The accusation is often made. But it simply isn't true.
Originalism and Personal Jurisdiction
The original rules might not be found in the text.
Amy Coney Barrett Thinks the Second Amendment Prohibits Blanket Bans on Gun Possession by People With Felony Records
The SCOTUS contender's 2019 dissent will alarm gun control supporters but reassure people who want judges to take this constitutional provision as seriously as others.
Originalism and Dual-Track Incorporation
Why an originalist might think the same right can mean different things against the state and federal governments after all
Forthcoming Article on "Overturning a Catch-22 in the Knick of Time: Knick v. Township of Scott and the Doctrine of Precedent"
The article explains why the Supreme Court was justified in overruling longstanding precedent in this important recent constitutional property rights case.
"High Crimes and Misdemeanors" as an Inkblot
No constitutional provision should be ignored just because it may be difficult to discern
But Gorsuch!
Trump's first Supreme Court pick is better on civil liberties than his critics want to admit.
Justice Story on Originalism and Judicial Independence
An old argument against "flexible and changeable interpretation."
New Essay: "Originalism and Stare Decisis in the Lower Courts"
When and How Can Lower-Court Judges Be Originalists?
Politics, Bar Brawls, and the Law of the Past
What makes history constitutionally relevant?
The Rights and Wrongs of Overruling Precedent
Despite occasional rhetoric to the contrary, neither conservative nor liberal justices are shy about overruling constitutional precedent they believe to be badly misguided. And that's a good thing.
Originalism and the Law of the Past
Steve Sachs and I defend originalism against charges of "law office history."
Brett Kavanaugh Flunks His First Test as an Originalist
If Kavanaugh is a committed originalist, you would never know it based on his complacent behavior in Timbs v. Indiana.
Grounding Originalism Published
My latest article on "original-law originalism" with Steve Sachs
Dual Sovereign Doctrine Under Attack in the Supreme Court
Strong originalist arguments exist for overruling the dual sovereign doctrine in a case being argued before the Supreme Court today.
Is Originalism a Theory? Is Living Constitutionalism?
Legal scholar Eric Segall argues originalism doesn't qualify as a constitutional theory because originalists disagree on too many things. His case is overstated. But if it's correct, the same criticism applies to living constitutionalism.
Does Living Constitutionalism Lead to "Dying Constitutionalism"?
Living constitutionalists argue that their methodology allows us to improve constitutional law over time. But what if it actually makes it worse? Legal scholar Ernest Young raises that very question in an important new article.
Trump Plan to End Birthright Citizenship Via Executive Order Is Unconstitutional: Reason Roundup
Plus: Southern border will see more troops than Iraq, Syria.
Were The Framers Originalists (and Does It Matter)?
First thoughts on Jonathan Gienapp's The Second Creation: Fixing the American Constitution in the Founding Era
The Best Parts of the Kavanaugh Hearing
A great set of colloquies on originalism, the Federalist, and human imperfection.
Things I Hate About the Constitution
Legal scholars are often accused of claiming that the Constitution fits their political views. Here are several important issues where it doesn't fit mine.
Democracy Is Not the Central Value of the Constitution
Efforts on both right and left to make the democracy-promotion the key focus of constitutional law should be rejected.
My Latest Guest Appearance on First Mondays: "A Bunch of Printers"
I discuss the Kavanaugh nomination, originalism, and much more with Professors Dan Epps and Ian Samuel.
More on the Debate over the Space Force and the Constitution
The National Constitution Center summarizes contributions to the ongoing debate over the constitutionality of the Space Force - including a new Congressional Research Service report on the subject.
Originalism's Final Frontier: Is Trump's Proposed Space Force Constitutional?
The issue was recently raised by legal scholar Michael Dorf, and goes back to earlier debates about whether originalism implies that the Air Force is unconstitutional.
What Should Libertarians Fear Most from SCOTUS Pick Brett Kavanaugh?: Podcast
Jonathan Adler says he's "supremely qualified," an originalist, and a critic of the administrative state. But he's a cipher when it comes to defendants' rights.
Has the U.S. Constitution Lost Its Meaning? A Debate
Law professors Randy Barnett and Michael Dorf argued over "originalism" at an event hosted by the Soho Forum.
Intrinsic vs. Instrumental Justifications for Originalism
Some originalists believe that following the original meaning of the Constitution is intrinsically valuable, while others support it only for instrumental reasons. The difference between the two approaches has important implications.
Rethinking the Unitary Executive
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.
