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Jan 16, 2025 | 
lawliberty.org | Aaron Coleman |John O. McGinnis |Mike Rappaport |David Schaefer
Stanford historian Jonathan Gienapp’s new book, Against Constitutional Originalism: A Historical Critique, is an important shot across the bow of a venerable legal tradition. Using the tools of a historian, Gienapp aims to draw the methods of public meaning originalism into question. In this symposium, Law & Liberty contributors offer responses from both legal and historical perspectives.
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Sep 12, 2024 | 
lawliberty.org | John O. McGinnis |Mike Rappaport
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Aug 5, 2024 | 
lawliberty.org | Yuval Levin |James Patterson |Mike Rappaport
with Yuval Levin, hosted by James M. Patterson In a time of partisanship and dissention, can the Constitution provide the kind of unity we seek? Yes and no, argues AEI Senior Fellow and author Yuval Levin in his new book, American Covenant. The Constitution offers a kind of unity, but a limited one, that falls short of what many hope for. He joins host James Patterson to discuss constitutional history, our present social tensions, and what’s wrong with our institutions.
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Jul 11, 2024 | 
lawliberty.org | John O. McGinnis |Mike Rappaport |Isaac Willour |Paul Seaton
July 11, 2024 In the wake of the Supreme Court overturning Chevron, originalists must address the problem of bad precedent. The biggest challenge to the rise of originalism is precedent. Although originalism is enjoying more support in the judiciary and in the academy than it has in a century, hundreds of non-originalist Supreme Court precedents still shape our legal world.
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Jul 1, 2024 | 
lawliberty.org | James Patterson |Mike Rappaport |Philip Hamburger |Richard’s writings
with Richard M. Reinsch II, hosted by James M. Patterson On the first episode of The Law & Liberty Podcast, host James M. Patterson sits down with Richard M. Reinsch, who was the founder of Law & Liberty and the host of our original podcast series, and is currently a Senior Writer for the magazine.
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Jun 12, 2024 | 
lawliberty.org | Mike Rappaport |Joshua Katz |James Hankins |Andy Smarick
On the surface, the Supreme Court’s recent decision in Consumer Financial Protection Bureau v. Community Financial Services Association represents a triumph of originalism. Justice Thomas’s majority decision for seven members of the Court expertly employs originalist methodology. The dissent, by Justice Alito, is also written from an originalist perspective, adopting a different view of the original meaning.
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Sep 25, 2023 | 
lawliberty.org | Yascha Mounk |Rachel Lu |Mike Rappaport
German-American political scientist Yascha Mounk joins associate editor Rachel Lu to discuss his book The Identity Trap. Brian Smith:Welcome to Liberty Law Talk. This podcast is a production of the online journal, Law & Liberty, and hosted by our staff. Please visit us at lawliberty.org, and thank you for listening. Rachel Lu:Hello, welcome to Liberty Law Talk. Thanks for joining us. I am Rachel Lu, an associate editor at Law & Liberty, and my guest today is Yascha Mounk.
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Sep 13, 2023 | 
originalismblog.typepad.com | Mike Rappaport
Josh Blackman (South Texas College of Law Houston) & Seth Barrett Tillman (National University of Ireland, Maynooth - Faculty of Law) have posted Sweeping and Forcing the President into Section 3: A Response to William Baude and Michael Stokes Paulsen (126 pages) on SSRN. Here is the abstract:
Does the full “sweep and force” of Section 3 of the Fourteenth Amendment disqualify Donald Trump from the presidency?
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Sep 12, 2023 | 
originalismblog.typepad.com | Mike Rappaport
A short while ago, I wrote an essay for Law and Liberty criticizing the Major Questions Doctrine. In the Unnecessary Major Questions Doctrine, I argue that the doctrine is both inconsistent with statutory originalism (often described as textualism). I also maintain that the doctrine is not needed to cut back on excessive actions by administrative agency because a true statutory originalism would largely accomplish the same purpose.
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Sep 12, 2023 | 
originalismblog.typepad.com | Mike Rappaport
In the Wall Street Journal, Michael Mukasey (former Attorney General and U.S. District Judge): Was Trump ‘an Officer of the United States’? - A careful look at the 14th Amendment’s Insurrection Clause shows that it doesn’t apply to him. From the introduction:
A good deal of attention has focused thus far on whether the attack on the Capitol on Jan. 6, 2021, was an “insurrection or rebellion” and, if so, whether Mr. Trump “engaged” in it.
