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.
Originalism
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.
