Add to ORKGThe conservative legal movement is in the midst of a great debate about its future. For decades, originalism — the theory that the original meaning of the Constitution is binding on today\u27s interpreters — has been the default theory of legal conservatism, and so it remains today. But the struggle within legal conservatism is about the very meaning of originalism, as novel theories have challenged longstanding beliefs about originalism\u27s core philosophical premises
This Article considers whether and how originalism promotes the Constitution’s democratic legitimacy...
The author of this Article uses the nondelegation debate as a lens to see whether originalism as it ...
The emergence of a new form of originalism has sparked an interest in the theory’s past that is part...
Debates over “originalism” have been a central focus of contemporary constitutional theory for three...
Originalists routinely argue that originalism is the only coherent and legitimate theory of constitu...
Much has been written about originalism - the idea that the Constitution should be interpreted accor...
Originalism is currently the de riguer theory of constitutional interpretation in the legal academy....
One of the most persistent criticisms of originalism-and also one of the most powerful-is that origi...
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...
If our law requires originalism in constitutional interpretation, then that would be a good reason t...
This Article argues that Originalism has achieved its intellectual respectability only at the necess...
The received wisdom among law professors is that originalism is dead, having been defeated in intell...
Originalist jurisprudence, which enjoins a faithful adherence to the values enshrined in the late ei...
This Article considers whether and how originalism promotes the Constitution’s democratic legitimacy...
The author of this Article uses the nondelegation debate as a lens to see whether originalism as it ...
The emergence of a new form of originalism has sparked an interest in the theory’s past that is part...
Debates over “originalism” have been a central focus of contemporary constitutional theory for three...
Originalists routinely argue that originalism is the only coherent and legitimate theory of constitu...
Much has been written about originalism - the idea that the Constitution should be interpreted accor...
Originalism is currently the de riguer theory of constitutional interpretation in the legal academy....
One of the most persistent criticisms of originalism-and also one of the most powerful-is that origi...
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...
If our law requires originalism in constitutional interpretation, then that would be a good reason t...
This Article argues that Originalism has achieved its intellectual respectability only at the necess...
The received wisdom among law professors is that originalism is dead, having been defeated in intell...
Originalist jurisprudence, which enjoins a faithful adherence to the values enshrined in the late ei...
This Article considers whether and how originalism promotes the Constitution’s democratic legitimacy...
The author of this Article uses the nondelegation debate as a lens to see whether originalism as it ...
The emergence of a new form of originalism has sparked an interest in the theory’s past that is part...