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: 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
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A Response to a “Living Constitutionalist”
Most law professors focus on Supreme Court cases. They have limited familiarity with the Founding Era record.
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Nine Reasons the “Living, Breathing” Constitution View Is a Lie
American colonists fought the Revolution to extricate themselves from a political system based on a “living breathing” constitution.
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Originalism, Changing Meanings, and Stable Meanings
If an originalist were seeking to interpret a constitutional term, then the originalist would look to the meanings that existed at the time of the Constitution.
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Shredding 5 Myths about the Constitution and the Founders
Author and historian Brion McClanahan takes on 5 common myths.
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Myth Busting: the ‘Constitutional Expert’
e know that our founders studied the works of Blackstone, John Locke, Montesquieu, and Cicero and very much believed in Natural Law. The Declaration and Constitution are filled with Natural Law precepts like unalienable rights and separation of powers.
DetailsThe Missing Patent and the Health Care Debate
What does the original meaning of the “patent clause” have to do with health care and the Constitution? Paul Ballonoff explains.
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Enumerated Powers of States
In modern times, the federal government’s enumerated powers have been construed so broadly that one may be pardoned for asking if anything really has been reserved.
DetailsRob Natelson: A Constitutional Coup d’etat
In this podcast, Rob Natelson, recognized national expert on the framing and adoption of the United States Constitution, talks about how the Supreme Court allowed the Federal Government in the late 1930s to drastically change the way the US Constitution is interpreted, the Necessary and Proper clause and incidental powers, and more…
DetailsPhony Originalism
Democrat or Republican, politicians in D.C. can’t be trusted to follow the Constitution. Column by Kevin R.C. Gutzman
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