The self-serving pursuit of extra-constitutional natural law theories makes for strange bedfellows This essay originally appeared in Law & Liberty on July 12, 2019 (here). Thanks to How Appealing, Power Line, Instapundit (here), The Originalism Blog (here), National Review (here), Real Clear …
Judicial Activism
“Bad Originalism”: Harry Jaffa’s Toxic Constitutional Legacy
The notoriously contentious scholar left behind a trail of foolish notions and bizarre invective. Why do his followers persist with this counterproductive nonsense? Thank you to Real Clear Policy and The Originalism Blog (here) for the links. And to LewRockwell.com (here). And to Paul Gottfried i…
Tom Woods Show: “Don’t Get Snookered by Phony Constitutional Originalists”
I recently had the pleasure of chatting with Tom Woods about my ongoing debate with constitutional law theorists regarding “unenumerated” rights and substantive due process. The so-called “new” originalists, West Coast Straussians, and libertarians are increasingly finding…
The Many Flavors of “Originalism”
Pragmatism plays a role in constitutional interpretation—and stare decisis This essay appeared in Law & Liberty on March 25, 2019 (here). Thanks to The Originalism Blog (here). Commenting on a piece I wrote for American Greatness, my colleague Mike Rappaport agrees with me in certain respec…
Making Constitutional Law Great Again
Harry Jaffa advocated a fringe theory of the Constitution that is untenable and unworkable as constitutional law This essay appeared in American Greatness on March 24, 2019 (here). Thanks for the links, by: Real Clear Policy (here), the Minnesota Sun, the Ohio Star, and the Tennessee Star! Thanks…
The Pernicious Notion of “Unenumerated Rights”
“Recognizing” phony constitutional rights is simply a power grab by progressive judges This essay appeared in American Greatness on March 12, 2019 (here). Thank you, Real Clear Policy (here)! And thanks also to The Originalism Blog (here). The recent 60 Minutes segment on Juliana v. United St…
Phony Constitutionalists Despise This Freshman Senator
This essay appeared in American Greatness on March 6, 2019 (here). Thank you, How Appealing! And Real Clear Policy (here)! Newly-elected Sen. Josh Hawley (R-MO), who handily defeated the incumbent, Democrat Claire McCaskill, in November 2018, is a former Supreme Court clerk who previously served …
“Judicial Engagement” Is Faux Originalism
On February 28, 2019, I was honored to speak at the University of Virginia School of Law, at a day-long program sponsored by the UVA student chapter of the Federalist Society, entitled “The Future of Originalism: Conflicts and Controversies.” Congratulations to Jenna Adamson (Presiden…
Constitutional Conundrums: Part 1
What is the nature of our present dilemma, and how did we get here? With President Trump’s appointment of Justice Brett Kavanaugh, and perhaps more to come, many observers anticipate a conservative majority on the Supreme Court for the first time in decades. What should a “conservative” Sup…
The “Pulliam Effect”?
There is a struggle going on for Justice Brett Kavanaugh’s soul. Today, Linda Greenhouse, the famous New York Times reporter who covers the Supreme Court (and namesake of the “Greenhouse Effect”) tried to push Kavanaugh into the arms of Chief Justice John Roberts, replacing Just…