The conservative legal movement has long stood simultaneously for originalism and judicial restraint. But in the past few years, the tension between a commitment to interpreting the Constitution as its authors intended and deferring to the will of legislators and the executive has become painfully clear. Does originalism demand judicial restraint, or is the Constitution undermined by such restraint
An independent judiciary is one of the cornerstones of American democracy and the rule of law. But ...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
The conservative legal movement has long stood simultaneously for originalism and judicial restraint...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
If we consider constitutional law as a practice, it is clear that both originalism and precedent pla...
This is the time for us to think through whether an entity as august as the Federalist Society shoul...
Supreme Court Justices frequently divide on questions of original meaning, and the divisions have a ...
Conservative constitutionalism is committed to originalism, that is, to interpreting the Constitut...
The U.S. Supreme Court is now dominated by conservatives and the judicial philosophy of Originalism ...
The U.S. Supreme Court is now dominated by conservatives and the judicial philosophy of Originalism ...
Part of Symposium: "Can Originalism be Reconciled with Precedent? A Symposium on Stare Decisis
Part of a symposium on "the Constitution as hard law" at a meeting of the Association of American La...
Richard Posner\u27s version of judicial self-restraint implies that individual Justices who embrace ...
This chapter examines the relationship among three normative questions about American constitutional...
An independent judiciary is one of the cornerstones of American democracy and the rule of law. But ...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
The conservative legal movement has long stood simultaneously for originalism and judicial restraint...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
If we consider constitutional law as a practice, it is clear that both originalism and precedent pla...
This is the time for us to think through whether an entity as august as the Federalist Society shoul...
Supreme Court Justices frequently divide on questions of original meaning, and the divisions have a ...
Conservative constitutionalism is committed to originalism, that is, to interpreting the Constitut...
The U.S. Supreme Court is now dominated by conservatives and the judicial philosophy of Originalism ...
The U.S. Supreme Court is now dominated by conservatives and the judicial philosophy of Originalism ...
Part of Symposium: "Can Originalism be Reconciled with Precedent? A Symposium on Stare Decisis
Part of a symposium on "the Constitution as hard law" at a meeting of the Association of American La...
Richard Posner\u27s version of judicial self-restraint implies that individual Justices who embrace ...
This chapter examines the relationship among three normative questions about American constitutional...
An independent judiciary is one of the cornerstones of American democracy and the rule of law. But ...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...
When conservatives in the 1980s offered originalism as a constitutional methodology that could limit...