Justice Scalia and Congress’s Power to Regulate Immigration
In a recent post, I noted that Justice Scalia has been criticized for departing from originalism in various areas. But the positions that Justice Scalia took in many of these cases – including a prohibition on state affirmative action, limitations on regulatory...
Constraining the White House Staff
We live in a world where an increasing number of things that are supposed to be done by the Congress are done by the executive. Treaties are supposed to be approved by the President with the ratification of two thirds of the Senate, but the President makes many...
Originalism, Changing Meanings, and Stable Meanings
One of the criticisms of originalism by historians is that originalism fails to take into account that word meanings change over time. In particular, historians argue that during important periods, such as the time leading up to the Constitution, word meanings...