All Articles tagged Originalism

• General
  April 22, 2024 EDT
  SUPREME MIRAGE: CLARENCE THOMAS’S INVENTED HISTORY OF COLORBLINDNESS ORIGINALISM
  Zamir Ben-Dan

  Tracking his opinion in Students for Fair Admissions, this Essay proposes Justice Thomas’s “originalist defense of the colorblind Constitution” is manufactured history, refuting Thomas's race-blind reading of the 14th Amendment.

• State Constitutional Commentary
  August 28, 2023 EDT
  STATE CONSTITUTIONS AND PRIVILEGES OR IMMUNITIES
  John L. Rockenbach

  This article makes an originalist case for incorporating state constitutional rights into the federal constitution, relying on the Privileges or Immunities Clause of the Fourteenth Amendment.

• General
  January 06, 2023 EDT
  ABANDONING ORIGINAL MEANING
  Michael L. Smith

  This article argues the United States Supreme Court has abandoned the original public meaning approach in its recent opinions in Bruen, Dobbs, and Kennedy.

• General
  January 01, 2018 EDT
  FREE SPEECH ORIGINALISM
  Tyler Broker

  If an evidence-based, procedural test of the effects of speech was applied in accordance with its original intent, speech would be more broadly and deeply protected.

• General
  June 11, 2017 EDT
  JUDICIAL CONFIRMATION THROUGH THE LENS OF CONSTITUTIONAL INTERPRETIVE THEORY
  Aimee Brown

  This article looks to the role of theories of constitutional interpretation in the confirmation process.

• General
  March 03, 2007 EDT
  THE FATE OF NEW YORK PUBLIC EDUCATION IS A MATTER OF INTERPRETATION: A STORY OF COMPETING METHODS OF CONSTITUTIONAL INTERPRETATION, THE NATURE OF LAW, AND A FUNCTIONAL APPROACH TO THE NEW YORK EDUCATION ARTICLE
  Bran C. Noonan

  This article looks at two methodologies, originalism and pragmatism, and then outlines a functional approach to New York's Education Article.