Gorsuch’s Originalist Exploration of the Legal Meaning of Due Process
John O. McGinnis Subscribe
John O. McGinnis is the George C. Dix Professor in Constitutional Law at Northwestern University. His book Accelerating Democracy was published by Princeton University Press in 2012. McGinnis is also the coauthor with Mike Rappaport of Originalism and the Good Constitution published by Harvard University Press in 2013 . He is a graduate of Harvard College, Balliol College, Oxford, and Harvard Law School. He has published in leading law reviews, including the Harvard, Chicago, and Stanford Law Reviews and the Yale Law Journal, and in journals of opinion, including National Affairs and National Review.
Chambers of the U.S. Supreme Court (Eric Cox Photography/Shutterstock.com)Explaining the New Illiberal Liberalism
What might explain the rise of illiberal views among putatively liberal people?
The European Commission Berlaymont building illuminated in rainbow colours to highlight the EU's commitment to the Day for Fight against Homophobia in Brussels, Belgium on May 16, 2017 (Alexandros Michailidis/Shutterstock.com).Expanding Cost-Benefit Analysis Helps Tame the Administrative State
Olivier Le Moal/Shutterstock.comElite Constraints on Democracy Encourage Populism
Justice Scalia’s Conservatism Does Not Detract from His Originalism
Justice Antonin Scalia (Photo by Alex Wong/Getty Images)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
John Bush. (Screen Grab via Bingham Greenbaum Doll).Subsidiarity by the Progressives, of the Progressives, and for the Progressives
Brownstones in New York City (cate_89/shutterstock.com)Democratic Persuasion and the Weakness of Social Democracy
Tung Cheung / Shutterstock.com- 1
- 2
- 3
- …
- 53
- Next Page »
