Originalism: Is paper money unconstitutional?
"I told the people on the campaign trail that I'll pick somebody who knows the difference between personal opinion and the strict interpretation of the law. You might have heard that several times....
View ArticleThe Myth of "Strict Construction"
The nomination of Harriet Miers to the Supreme Court has again brought the issue of how judges should interpret our Constitution to the fore. It is an issue that scholars and jurists have wrestled...
View ArticleI Say Let Us Give Them Strict Construction & Originalism
I think we should ban together to show what "Strict Construction" and Originalism really mean in the law. Clearly since Bush promotes it as what his CONservative base wants, they all think they want...
View ArticleJudicial Activism vs Restraint
One of the key issues of our time is the role of the courts, and particularly the Supreme Court, in assessing, refining, defining, and creating law. We must decide what role we want the courts to play,...
View ArticleRoe v. Wade and Originalism
I think it ironic that the argument du jour is that, no matter what the merits of the result, Roe was wrongly, or ineptly, decided. When I was in college in the early 1970s, an American history...
View ArticleReframing Democratic Rhetoric - Taking the Upper Hand
The way I see it, Gore laid out an unbeatable rhetorical strategy for Democrats in his speech on Monday. We need to capture and hold the rhetorical upper hand. We need to frame the discourse so that...
View ArticleAlito Does Not Vindicate Bork
In the current issue of THE NEW REPUBLIC, Professor Sunstein points out that Alito has said things about the original meaning of the Framers that no one has dared to say since the Bork Confirmation....
View ArticleScalia's Nonsense on Originalism
On, Justice Scalia's insult about those of us who believe in a "Living Constitution," John at AmericaBlog notes: So, Justice Scalia, I guess you're "an idiot" if you think the Constitution says: 1....
View ArticleA problem w/originalism - a response to Jacoby
Jeff Jacoby has an op ed piece in today's Boston Globe which is, to no one's surprise, highly complimentary of Antonin Scalia. Entitled Scalia Loosens Up, it uses a recent statement by Scalia that...
View ArticleThe silver lining of Gonzales v. Carhart
For the next several days, a legitimate collective groan will be heard across the liberal spectrum based on the Supreme Court's upholding of the Partial Birth Abortion Ban. While the opinion is...
View ArticleMy Wash Post op/ed on Taney and Originalism
There have been noises made recently about removing busts of Roger Brooke Taney, former US Attorney General under Jackson, Maryland resident, brother-in-law of Francis Scott Key, and fifth Chief...
View ArticleUp Yours! Scalia!
Scalia declares that the Constitution should not be read to "banish the Almighty from the public forum" in a speech delivered June 1, 2008 at a banquet for Orthodox Jews held at the Midtown Hilton, the...
View ArticleThe Proud Legacy of Judicial Liberalism
In honor of today (September 17) being Constitution Day, I have compiled a list of significant Supreme Court decisions which have advanced the cause of liberty in this country through the application...
View ArticleOriginalism: Intents and Discontents
Mark Levin's recent book, Liberty and Tyranny contains a "Conservative Manifesto." One of the key elements of this manifesto is the idea that no judge should be confirmed to the Federal bench who does...
View ArticleRamesh Ponnuru: When Judicial Activism Suits the Right
Your eyes are not deceiving you. My title begins with the name of a prominent conservative commentator, now offering op eds at The New York Times. After the colon? That is the title of his Times...
View ArticleThe Trouble With Original Intent
Anytime a judge is nominated for a position on a federal circuit court, and especially for the Supreme Court, you will hear Senators during the confirmation hearings ask the nominee how a judge should...
View ArticleThe State of the Republican Party
To an extent, both major political parties engage in half truths, if not (from time to time) outright lies. This is particularly true when a party finds itself in the minority and, rather than being...
View ArticleOriginalism is a Logical Fallacy
I've always been fundamentally uncomfortable with the theory of original intent. Ever since learning about Constitutional interpretation from Professor Abraham at UVA, the idea that our Constitution...
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Public split on how to interpret the Constitution
This is kind of a scary reflection of what decades of conservative pounding on so-called "activist judges" does to public opinion. Americans are divided on whether the Supreme Court should base its...
View ArticleThe Framers' Constitution: Exposing Conservative Myths And Reframing The Debate
Originally published at Fair and Unbalanced Judicial activism has been described as "legislating from the bench," and reaching rulings that substitute a judge's personal views for those of the...
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