Tag Archives: originalism

“Originalism” and the Necessity of Originalism

“[A] court . . . which should allow a change in public sentiment to influence it in giving to a written constitution a construction not warranted by the intention of its founders, would be justly chargeable with reckless disregard of official oath and public duty . . . . What a court is to do, therefore, is to declare the law as written, leaving it to the people themselves to make such changes as new circumstances may require.”

The Privilege or Immunities Clause, Originalism, and Gender Equality

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . . . . U.S. Const., amend. XIV In 1873, in The Slaughter-House Cases and Bradwell v. Illinois, the Supreme Court took a sledgehammer to the idea that the Privileges or Immunities Clause of […]

Judge Gorsuch on the Ninth Amendment: “I think it means what it says.”

Senator Sasse has never ceases to impress me – his impressive knowledge of law (despite not being a lawyer himself), his deep understanding and love for philosophy and political theory, or his principled resistance to partisanship are among the many reasons I hope this guy continues doing what he does. He’s done it again by […]

The Feinstein Paradox

Judge Gorsuch’s nomination hearings began today. Much could be said given all that was uttered from the dais, but I’ll keep my powder dry regarding most of it. I would like to focus on one highlight, however – I’ll call it the Feinstein Paradox.* In her opening statement, Senator Feinstein highlighted “the 14 key cases […]

Originalism Bootcamp at Georgetown’s Center for the Constitution

Georgetown Center for the Constitution’s Originalism Bootcamp is now accepting applications.