Collection

Originalism is Bunk

The glaring problems with this judicial theory, and the catastrophic consequences it has for American Government.

created by Ellie Alcorn on November 4, 2022

Painting of a person facing another person whose head is made up of sixteen little heads. Untitled (Study) by Geoff McFetridge.

Originalism’s Charade

Two new books make a devastating case against claims that the Constitution should be interpreted on the basis of its purported “original meaning.”

by David Cole via New York Review of Books on November 3, 2022

Why originalism is just as interprative as other methods of consitutional interpretation.

A red gun and blue gun pointing in opposite directions, with flags spelling "We"

Originalism, Divided

The theory has not provided the clarity some of its early proponents had hoped it would.

by Harry Litman via The Atlantic on May 25, 2021

Why relying on "original meaning" still involves subjective interpretation.

Photo of E.P.A Headquarters, shot through a bush

How Government Ends

Through an assault on administrative agencies, the Supreme Court is systematically eroding the legal basis of effective governance.

by Lisa Heinzerling via Boston Review on September 28, 2022

Originalism's assault on the fundementals of good governance.

James Madison

What Would Madison Think of Originalism? Depends When You Asked Him.

The concern of this article is with the unraveling of precedent based upon a judicial philosophy known as originalism.

by Donald J. Fraser via HNN on June 5, 2022

The opinions of our founding fathers on how to interpret the document they crafted.

Image of the Preamble: We The People

On Originalism in Constitutional Interpretation

People continue to interpret the U.S. Constitution in different ways. One way is an originalist framework that favors the Founding Father's intent in 1787.

by Steven Calabresi via The National Constitution Center

In defense of originalism

It’s Time for a Progressive Reading of the Constitution

Conservatives have claimed the moral high ground of so-called originalism. Liberals need to put forward their own vision.

by Erwin Chemerinsky via Medium on November 7, 2018

An alternative vision to the muddled view of originalists.

A modern adaption of Howard Chandler Christy’s 1940 painting, “Scene at the Signing of the Constitution of the United States,” with contemporary players on both sides of the judicial contest.

How The Federalist Society is Helping Conservatives Win The Judicial War

It isn’t just about Supreme Court picks. The group’s impact on the law goes much deeper.

by David Montgomery via Washington Post Magazine on January 2, 2019

The Federalists Society, as well as originalism and its liberal interpreations

How Conservatives Won the Battle Over the Courts

The right has demonstrated that winning this kind of institutional fight takes years and requires a ruthless disposition.

by Julian E. Zelizer via The Atlantic on July 7, 2018

How origionalism dominates the supreme court

Painting of the signing of the Constitution.

The Original Theory of Constitutionalism

The debate between "originalism" and the "living constitution" rages on. What does history say?

by David Singh Grewal, Jedediah Britton-Purdy via The Yale Law Journal on January 24, 2018

An academic review of originalism and the Constitution

Eric Foner sits in an arm chair on stage during an interview, holding a microphone.

“Originalism Is Intellectually Indefensible”

On the persistent myth of the colorblind Constitution that the Supreme Court's conservatives have embraced.

by Eric Foner, Cristian Farias via Balls And Strikes on October 28, 2022

The problems underlying Justice Jackson's "progressive originalism," even if her telling of history is more accurate.

Portrait photo of Justice Ketanji Brown Jackson

Justice Jackson Offered Democrats a Road Map for Securing Equal Rights

Tying the fight for equal rights to the founders and the Constitution has worked before.

by Evan Turiano via Made by History on October 10, 2022

Justice Jackson's progressive take on originalism

The History Test

How should the courts use history?

by Jill Lepore via The New Yorker on March 27, 2017

Do we even need history to interpret the Constitution

The United States Supreme Court building.

‘Originalism’ Only Gives the Conservative Justices One Option On a Key Gun Case

Regulations limiting armed travel in public, particularly in populous areas, stretch back over seven centuries.

by Saul Cornell via Made by History on November 3, 2021

Originalist hypocracy is visible on the issue of gun rights

Holes punched in the Constitution.

There’s No Historical Justification for One of the Most Dangerous Ideas in American Law

The Founders didn’t believe that broad delegations of legislative power violated the Constitution, but conservative originalists keep insisting otherwise.

by Julian Davis Mortenson, Nicholas Bagley via The Atlantic on May 26, 2020

Originalists lack an originalist justification for their theory

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