The Volokh Conspiracy
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Video: Introducing the Third Edition of "The Heritage Guide to the Constitution"
On Constitution Day, the Heritage Foundation hosted the launch event for the Heritage Guide to the Constitution, Third Edition.
The two panels walked through how originalism has changed in the academy and the judiciary over the past four decades:
Panel I | Originalism in Theory and Practice: Insights from the Legal Academy
- Charles J. Cooper, JD, Founding Member and Chairman, Cooper & Kirk, PLLC
- Kurt Lash, JD, E. Claiborne Robins Distinguished Chair in Law, University of Richmond School of Law
- Randy E. Barnett, JD, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center and Faculty Director, Georgetown Center for the Constitution
- Josh Blackman, JD, Senior Editor, The Heritage Guide to the Constitution and Centennial Chair of Constitutional Law, South Texas College of Law Houston (moderator)
Panel II | The Originalist Turn: A Judicial Perspective
- The Honorable William H. Pryor Jr., Chief Judge, U.S. Court of Appeals for the Eleventh Circuit
- The Honorable David R. Stras, Judge, U.S. Court of Appeals for the Eighth Circuit
- The Honorable Elizabeth L. Branch, Judge, U.S. Court of Appeals for the Eleventh Circuit
- John G. Malcolm, Executive Editor, The Heritage Guide to the Constitution and Vice President, Institute for Constitutional Government, The Heritage Foundation (moderator)
Amazon is currently selling the pre-order at 40% off. I would place your order now!
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"The two panels walked through how originalism has changed in the academy and the judiciary over the past four decades . . . . "
Which Originalism* are we talking about?
Actual Originalism
Empirical Textualism
Fair-weather Originalism
Framework Originalism
Halfway Originalism
History & Tradition with a special focus on “analogous regulation”
Intrinsicist Originalism
Instrumental Originalism
Liquidated Originalism
Original Intent
Original Law
Original Meaning
Original Methods Originalism
Original Public Meaning
Process-Formalist Originalism
Semantic Originalism
Structuralism
Textualism
* All descriptions pulled from Volokh Conspiracy articles.
Being Heritage, I suspect it's the version that says, "Everything must be as we like to believe it was in 1787, and we will sponsor enough historical cherry-picking to ensure our desired outcomes."
It's from the Heritage
foundation and has a bit from Josh, so look for it in the fiction section. Oh, and so I won't get canceled let me add this. "Kill all the homeless".
The Heritage Foundation is the group pushing the US to fascism. One would be a fool to believe anything they say.
Originalism as practiced by Professor Blackman and his ilk is a fraud, designed to provide a very thin intellectual veneer for his preferred policy outcomes. The latest glaring example is the unitary executive theory he and like-minded ideologies have decided to promote now that their authoritarian is in the oval office. Such a theory would have been utter anathema to the creators of our constitution, after their dealings with the British Crown.
Start with "White Christian Nationalism" and then work back to a view of the Constitution that supports it. Then print it. That's what we have here.