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• Will Heller Implode?

  Posted Sunday, June 29, 2008 11:25 PM By Eric Posner
  
  Revolutionary ideologies always look good until they prevail; then their latent seeds of destruction sprout and conflagrate. Such is the case with originalism, and Heller provides an opportunity to see this process in action. To see why, imagine that, Read More...
  Filed under: originalism, d.c. v. heller

• Originalism Wounded! Justice Scalia Wanted For Questioning

  Posted Thursday, June 26, 2008 8:44 AM By Doug Kmiec
  
  "Wrong, All Wrong," said Edmund Randolph about the handiwork of John Marshall in Marbury, but "no man in the country knows why or wherefore." The originalist mistake of Heller is much more patent, and it is sad to think that a method of interpretation so well advocated by Justice Scalia should be wounded by his own hand. Read More...
  Filed under: Douglas W. Kmiec, gun control, Second Amendment, originalism, Scalia, dc v. heller

• Another guest post from Richard Schragger at UVA

  Posted Tuesday, April 01, 2008 2:34 PM By Dahlia Lithwick
  
  Rich Schragger responds to Jack Balkin: Because Jack was so kind as to respond to my prior post, I thought I’d pile on once more. I must admit that I am still a bit puzzled by Jack’s line between prescription and description. Jack’s account of living Read More...
  Filed under: originalism, living Constitution, jurisprudence

• Will To Power

  Posted Thursday, March 20, 2008 11:22 PM By Adam J. White
  
  George Will touched a nerve among conservatives today. In his new column , he called for judicial intervention to thwart local regulations limiting dancing at a restaurant, in the name of the Fourteenth Amendment. This embrace of judicial activism certainly Read More...
  Filed under: originalism, conservatism, George Will

• An unoriginal thought about Heller

  Posted Thursday, March 20, 2008 8:30 PM By Diane Marie Amann
  
  Musing on the oral argument in Heller , which I just found time to digest (check out the read-along-picture-book -like function at Oyez.org): Anyone else struck by the oddity of an originalist focus with regard to the existence vel non of an individual Read More...
  Filed under: Heller, originalism, 2d amendment

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