The many schools of originalism all face the same questions: does it merely perpetuate the dead hand of the past? What about the exclusion of women and blacks at the Founding? What does one do with the mountains of non-originalist precedent? This next podcast with our own Mike Rappaport, prompted by his new book that he co-authored with co-blogger John McGinnis entitled Originalism and the Good Constitution, focuses on the rise of originalism as an intrepretative methodology for Constitutional Law and attempts to answer these and other questions with a new framework called original methods originalism. Our discussion thus focuses on…
A century ago, a brilliant young lawyer named Felix Frankfurter spoke at the 25th anniversary of the Harvard Law Review. His speech was entitled “The Zeitgeist and the Judiciary.”
At 30, Frankfurter was already a central figure in progressive circles, and would prove one of the most influential American jurists of the 20th century. During the first quarter-century of his adult life, he maintained a regular correspondence with Justice Holmes, regularly wrote legal commentary for Herbert Croly’s new magazine, The New Republic, co-founded the ACLU, and served as advisor to Franklin Roosevelt. In the next quarter-century (1939-1963), he became one of the most influential and prolific Supreme Court justices in American history.
“The Zeitgeist and the Judiciary” is a remarkable exemplar of early progressive jurisprudence. His brief, candid remarks display the main aspects of the progressive political and constitutional project.