Originalism
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.
Originalism, Living Constitutionalism, and the Power to Initiate War
You don't have to be an originalist to conclude that the Constitution requires congressional authorization for war.
