Originalism Myths #1: Originalists Think the Framers Agreed on Everything
This claim is fundamentally misconceived on two counts
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Law Professors’ Letter on Executive Power (Part 2): The Faithful President
even if the President has a constitutional duty to act in good faith (as I believe), I think Congress imposing a statutory obligation of good faith through criminal law (at least on a sitting President) is problematic.
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Law Professors’ Letter on Executive Power: An Originalist Argument by Nonoriginalists
It’ significant because their willingness to make a purely originalist argument here substantially undercuts the three leading criticisms of originalism heard for example during the Gorsuch hearings
DetailsOriginalism and Pres. Trump’s Travel Ban
In this post and a second one, I will consider originalist approaches to the constitutionality of the President’s ban on travel to the U.S. by citizens of seven foreign nations.
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Constitutional Issues in the Iran Deal
The usual course if an agreement cannot get two-thirds approval in the Senate, there is no agreement.
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The Necessary and Proper Clauses
Michael Ramsey makes important originalist observations on the origins of the Necessary and Proper clause, including contributions from James Wilson.
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The Debt Ceiling and Presidential Power
In the debate about The Debt Ceiling and Presidential Power, the Constitution lands on the side of a limitation on executive power, not an expansive one.
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Dean Chemerinsky’s Lame Critique of Originalism
The Dean of UCI’s law school makes an argument about originalism that’s so bad and politicized it’s hard to believe he wrote it.
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What is a “War” (or, Is that a War You Are Declaring?)
Contrary to some presidential claims, eighteenth-century sources show that “war” had a broad meaning, encompassing most sovereign uses of force against another sovereign or quasi-sovereign entity.
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