30 Citations
Originalism and the Sense-Reference Distinction
- Law
- 2005
I deploy the sense-reference distinction and its kin from the philosophy of language to answer the question what in constitutional interpretation should, and should not, be able to change after…
Originalism, Stare Decisis, and Constitutional Authority
- Law
- 2013
This chapter in the forthcoming volume "Precedent in the United States Supreme Court" (Springer 2013) examines the relationship among three normative questions about American constitutional law: How…
Legal Ethics, Legal Dualism, and Fidelity to Law
- Law
- 2021
This Article argues that there is an important relationship between the nature of law and legal ethics. A crucial claim in support of this thesis is that the nature of law varies with the purpose for…
The Second Founding: An Introduction to the Fourteenth Amendment
- History, Law
- 2020
It has become conventional wisdom among originalist scholars that the privileges or immunities clause of the Fourteenth Amendment incorporates the bill of rights against the states, guarantees…
The Jurisprudence of Justice
- Law
- 2019
Justice Samuel Alito has sat on the judicial bench for nearly 30 years and has authored more than 250 Supreme Court opinions, nearly 40% of those for a majority of the Court.1 But his jurisprudence…
A Description of Originalism
- Law
- 2019
The history of American constitutional interpretation has largely been an originalist one. At the Founding, the Framers and Ratifiers employed originalism when debating, drafting, and authorizing the…
The Constitutional Communication Model of Originalism
- PhilosophyOriginalism's Promise
- 2019
In Chapter 1, I described originalism’s current status, and I noted the many areas of current debate among originalists. My description was ecumenical because it did not “take sides” in the debates.