Add to ORKGOriginalism is currently the de riguer theory of constitutional interpretation in the legal academy. The law reviews are littered with articles taking up originalism from every imaginable angle; one even asks whether the creation of West Virginia was constitutional. The theory has taken the name “new originalism” and its adherents are quick to point out the putative sophistication of their theory, in addition to making claims that “we are all originalists now” or “it takes a theory to beat a theory.” However, fashionable though it may be, a closer look reveals a theory in decline
This essay maintains that originalism—the idea that the Constitution should be interpreted according...
Originalism certainly isn’t what it used to be. From a fringe theory with few adherents it has, in r...
Constitutional theorists on the right are engaged in a debate about the moral foundations of origina...
Originalism is currently the de riguer theory of constitutional interpretation in the legal academy....
Originalists routinely argue that originalism is the only coherent and legitimate theory of constitu...
The conservative legal movement is in the midst of a great debate about its future. For decades, ori...
In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been s...
Debates over “originalism” have been a central focus of contemporary constitutional theory for three...
Outside the comfortable confines of the Federalist Society, originalism is far from fashionable. Ind...
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...
The legal academy has been unkind to originalism. Legal scholars have leveled withering criticism at...
Originalism has received a great deal of recent, mainstream attention. President Donald Trump\u27s n...
This Article argues that Originalism has achieved its intellectual respectability only at the necess...
Originalism and nonoriginalism represent competing approaches to constitutional interpretation. Orig...
This essay maintains that originalism—the idea that the Constitution should be interpreted according...
Originalism certainly isn’t what it used to be. From a fringe theory with few adherents it has, in r...
Constitutional theorists on the right are engaged in a debate about the moral foundations of origina...
Originalism is currently the de riguer theory of constitutional interpretation in the legal academy....
Originalists routinely argue that originalism is the only coherent and legitimate theory of constitu...
The conservative legal movement is in the midst of a great debate about its future. For decades, ori...
In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been s...
Debates over “originalism” have been a central focus of contemporary constitutional theory for three...
Outside the comfortable confines of the Federalist Society, originalism is far from fashionable. Ind...
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...
The legal academy has been unkind to originalism. Legal scholars have leveled withering criticism at...
Originalism has received a great deal of recent, mainstream attention. President Donald Trump\u27s n...
This Article argues that Originalism has achieved its intellectual respectability only at the necess...
Originalism and nonoriginalism represent competing approaches to constitutional interpretation. Orig...
This essay maintains that originalism—the idea that the Constitution should be interpreted according...
Originalism certainly isn’t what it used to be. From a fringe theory with few adherents it has, in r...
Constitutional theorists on the right are engaged in a debate about the moral foundations of origina...