Does Originalism Constrain Judges?
One of the criticisms made of originalism is that an originalist methodology does not constrain judges. Recently, I heard a nonoriginalist critic of originalism claim that an originalist judge can reach any result that he desires. Even if we interpret this claim as...Myth Busting: the ‘Constitutional Expert’
by Geoff Broughton Today, public opinion is on our side. According to a Rasmussen Reports 59% of voters believe the States should be able to ‘opt out’ of Federal Programs it does not agree with. Compared to 47% who agreed when asked about National...The Missing Patent and the Health Care Debate
by Paul Ballonoff The interest of the current administration in creating a federal national health care program, has provoked discussion of whether the federal government has sufficient power to do so. Often, the discussion is phrased as whether “the governmentâ€...