Law Professors’ Letter on Executive Power: An Originalist Argument by Nonoriginalists
A number of law professors have signed an open letter to the President’s counsel asserting that the President is bound by a duty of good faith in carrying out executive functions. Here is the basic claim (footnote omitted): First, the best understanding of...
A Response to a “Living Constitutionalist”
Bruce Ledewitz is a very smart man who teaches constitutional law at Duquesne University in Pennsylvania. He recently wrote an article for the Philadelphia Inquirer—also reproduced in other news outlets. In his article, he contends that the Supreme Court’s decision...
Nine Reasons the “Living, Breathing” Constitution View Is a Lie
The confirmation hearings for Supreme Court justice nominee Neil Gorsuch have reinvigorated the debate about how to properly interpret the Constitution. The nominee’s reputation as an “originalist” has progressives whipped up into frenzy and once again aggressively...