originalism

• 
• SOURCE: The Atlantic
  5/26/2020
  

  There’s No Historical Justification for One of the Most Dangerous Ideas in American Law

  by Julian Davis Mortenson and Nicholas Bagley

  The delegation of regulatory power to federal agencies is the indispensable foundation of modern American governance. And it is under siege.

• 
• SOURCE: The Atlantic
  4/3/2020
  

  Common-Good Constitutionalism Is an Idea as Dangerous as They Come

  by Garrett Epps

  A recently published theory of law is an argument for authoritarian extremism.

• 
• SOURCE: The New Republic
  12/5/19
  

  Don’t Embrace Originalism to Defend Trump’s Impeachment

  by Saul Cornell

  Liberal legal scholars are at risk of falling into a right-wing trap.

• 
• 10/27/19
  

  Why Originalism Should Apply to Impeachment

  by Donald J. Fraser

  I have never been a supporter of originalism. Until recently, I was also skeptical that impeachment was the right way to handle Donald Trump’s presidency. But I have recently changed my mind.

• 
• 7/8/18
  

  The Founders Would Not Recognize Originalism—Why Should We?

  by Donald J. Fraser

  As John Marshall noted, “historians can never forget that it is a debate they are interpreting.”

• 
• SOURCE: WaPo
  3-28-17
  

  The Lawyer vs. the Historian

  by Randy Barnett

  A fight over originalism.

• 
• SOURCE: Process
  3-20-17
  

  Are historians ignoring the history of originalism?

  by Jonathan Gienapp

  That’s what this historian thinks.

• 
• SOURCE: The New Yorker
  3-21-17
  

  Weaponizing the Past

  by Jill Lepore

  How should the courts use history?

• 
• SOURCE: NYT
  3-18-17
  

  What Gorsuch Has in Common With Liberals

  by Akhil Reed Amar

  He's an originalist.  So are (surprise!) a lot of liberals.

• 
• 3-19-17
  

  What Would the Founding Fathers Make of Originalism? Not much.

  by Andrew Shankman

  The stable original intent we can most likely take from them is that we all must be keenly alive to our duty to be thoughtful, compassionate citizens.

• 
• 2-23-16
  

  Who Invented Originalism?

  by Kristen Greif

  It wasn’t Robert Bork or Antonin Scalia.

• 

• Actually, Scalia's Legal Logic Permits Gun Control

  by Alan Singer

  "The key issues I want to address in this article are the constitutional principles Mr. LaPierre is so intent on defending."

• 
• 2-13-16
  

  Supreme Court Nominations

  An index of our coverage.