Explaining the New Illiberal Liberalism
What might explain the rise of illiberal views among putatively liberal people?
Expanding Cost-Benefit Analysis Helps Tame the Administrative State
Elite Constraints on Democracy Encourage Populism
Justice Scalia’s Conservatism Does Not Detract from His Originalism
Classical Liberalism Does Not Play Favorites
The Legal Turn
We argue that the U.S. Constitution was written in the language of the law, and that treating it as a legal document strengthens originalism.
Responses
Unless one thinks that the Constitution doesn’t matter or shouldn’t be enforced, it’s a legal text that legal training can help explicate.
On the rare occasion when the public meaning diverges from the legal meaning, the public meaning probably ought to prevail.
A core aspect of the new originalism is best understood as a shift to originalism as a theory of law.
The Rise of the Culture of Originalism
Subsidiarity by the Progressives, of the Progressives, and for the Progressives
Democratic Persuasion and the Weakness of Social Democracy
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