A collection of posts about a course on originalism.
There are some interesting tensions raised sometimes by the difference between academic originalism and practical originalism but they're ultimately not fatal to originalism.
What it means to have higher law.
Our current legal rules honor an important relevant principle in the text: government agents are not authorized to make constitutional change.
When somebody tells you that originalists must think that the air force is unconstitutional, look for your wallet, because your pocket is being picked.
Mike Ramsey argues that the only alternative to originalism is "policy-driven judicial review."
This week's topic were some of the alternatives to originalism and none of them seem to have knocked originalism out of the ring.
Eric and I try to imagine the appropriate ways to empirically test popular faith in originalism. He says birth control, I say religious liberty.
Finally we learn the many reasons to be an originalist: It's a mistake to assume that originalism has to be justified on normative grounds. There are also conceptual and legal grounds for originalism.
Eric Posner presents originalism with a false dichotomy, when it can really chart a middle course. But it also becomes clearer where our real disagreement lies.