article published in law reviewIn seeking to understand and interpret our written Constitution, judges and scholars have often focused on two related issues: how did the founding generation understand the Constitution they created, and to what extent should that understanding be relevant to modern constitutional interpretation? This article will address the first of these questions, but in a manner that profoundly affects the second question as well. I will suggest that the founding generation did not intend their new Constitution to be the sole source of paramount or higher law, but instead envisioned multiple sources of fundamental law. The framers thus intended courts to look outside the Constitution in determining the validity of cert...
In recent decades the Ninth Amendment, a provision designed to clarify that the federal government w...
How should we interpret the Constitution? The “positive turn” in legal scholarship treats constituti...
How should we interpret the Constitution? The “positive turn” in legal scholarship treats constituti...
In seeking to understand and interpret our written Constitution, judges and scholars have often focu...
When interpreting the Constitution, judges and commentators often invoke the original intent of the...
When interpreting the Constitution, judges and commentators often invoke the original intent of the...
Modern textualists have assumed that careful attention to constitutional text is the key to the reco...
The attraction of an originalist approach to constitutional interpretation is understandable. It is ...
The attraction of an originalist approach to constitutional interpretation is understandable. It is ...
The attraction of an originalist approach to constitutional interpretation is understandable. It is ...
Over the past twenty years, constitutional law has taken a decidedly historical turn, both in academ...
The goal of originalism has always been purity. Originalists claim that their methods cleanse consti...
Revolutionaries throughout the globe have helped establish some of the most complex forms of governm...
This Article explains how the doctrine of original intent might be defended as the basis for interpr...
Constitutional doctrine generally proceeds from the premise that the original intent and public unde...
In recent decades the Ninth Amendment, a provision designed to clarify that the federal government w...
How should we interpret the Constitution? The “positive turn” in legal scholarship treats constituti...
How should we interpret the Constitution? The “positive turn” in legal scholarship treats constituti...
In seeking to understand and interpret our written Constitution, judges and scholars have often focu...
When interpreting the Constitution, judges and commentators often invoke the original intent of the...
When interpreting the Constitution, judges and commentators often invoke the original intent of the...
Modern textualists have assumed that careful attention to constitutional text is the key to the reco...
The attraction of an originalist approach to constitutional interpretation is understandable. It is ...
The attraction of an originalist approach to constitutional interpretation is understandable. It is ...
The attraction of an originalist approach to constitutional interpretation is understandable. It is ...
Over the past twenty years, constitutional law has taken a decidedly historical turn, both in academ...
The goal of originalism has always been purity. Originalists claim that their methods cleanse consti...
Revolutionaries throughout the globe have helped establish some of the most complex forms of governm...
This Article explains how the doctrine of original intent might be defended as the basis for interpr...
Constitutional doctrine generally proceeds from the premise that the original intent and public unde...
In recent decades the Ninth Amendment, a provision designed to clarify that the federal government w...
How should we interpret the Constitution? The “positive turn” in legal scholarship treats constituti...
How should we interpret the Constitution? The “positive turn” in legal scholarship treats constituti...