Some critics of originalism fault it on natural-law grounds. Their critiques are wanting. Constitutional theorists on the right are engaged in a debate about the moral foundations of originalism, the ...
Steve’s cartoon in his latest installment proves my point: he desires to elevate a minor political theory over the view of the majority by judicial fiat. He valorizes Peckham – points for anyone who ...
Constitutional theorists on the right are engaged in a debate about the moral foundations of originalism, the theory that government officials, including judges, are bound by the original meaning of ...