Tag Archive

legal ideas

A Newer Originalism: Book History and Constitutional Interpretation

The following guest post is by Drew Starling, a PhD candidate in History at the University of Pennsylvania, and Sean Nadel, a JD candidate at Columbia University. The recent passing of Justice Antonin Scalia has given new relevance to debates about constitutional interpretation with some questioning whether originalism will simply fade away. Though the survival of originalism, absent its most renowned advocate, is still an open question, many of the criticisms of originalism will persist. Let us suppose that Lawrence Solum and Jack Balkin are right–that originalism will outlive its now-deceased standard-bearer–must it maintain the same shape that it had Read more