Tag: Originalism

Liberals, Stop Mocking Originalism—and Start Claiming It

Liberal originalists’ most important contribution is the insight they share with Ponnuru and his conservative allies: that constitutional interpretation is not just for judges and lawyers in lawsuits but rather forged in what Amar has called a “constitutional conversation” and others have labeled “popular constitutionalism.” Balkin starts a 1998 law review article, co-authored with University […]

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Liberals, Stop Mocking Originalism—and Start Claiming It

Liberal originalists’ most important contribution is the insight they share with Ponnuru and his conservative allies: that constitutional interpretation is not just for judges and lawyers in lawsuits but rather forged in what Amar has called a “constitutional conversation” and others have labeled “popular constitutionalism.” Balkin starts a 1998 law review article, co-authored with University […]

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The Bizarre Reason a Colorado Judge Didn’t Disqualify Trump From Running in 2024

Two conservative law scholars, William Baude and Michael Stokes Paulsen, also foresaw this argument and dismissed it out of hand. “No one denies that the President is an executive branch officer holding executive office,” they wrote. “At the risk of belaboring the obvious: Article II refers to the ‘office’ of President innumerable times. It specifies […]

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Conservatives’ Favorite Legal Doctrine Crashes Into Reality

“It says, ‘The government has yet to find even a single American jurisdiction that adopted a similar ban while the founding generation walked the earth,’” Kagan said. “So is that what we should be looking for? And if we don’t find that similar ban, we say that the government has no right to do anything?” […]

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It’s Time to Take Trump’s Disqualification From the Presidency Seriously

While state election officials’ decisions will be important, the legal challenges mean that the Supreme Court will ultimately decide whether Trump is disqualified from running for president again. It is impossible to predict how the justices would decide such a case because it is such a novel question for them to address. Like so many […]

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