Notice & Comment

Solum on The Case for Originalism

We published a number of blog posts on the Gorsuch Supreme Court confirmation hearing — at least with respect to Judge Gorsuch’s administrative law and separation of powers jurisprudence. In light of that coverage, I thought readers may be interested in a terrific series by Larry Solum, who testified at the confirmation hearing, entitled “The Case for Originalism.”

Here are links to the ten-part series:

The Case for Originalism, Part One: Framing the Debate

The Case for Originalism, Part Two: Methods of Justification

The Case for Originalism, Part Three: The Baseline Comparison of Originalism with Constitutional Eclecticism

The Case for Originalism, Part Four: The Fixation Thesis

The Case for Originalism, Part Five: The Argument for Originalism from the Rule of Law

The Case for Originalism, Part Six: The Argument for Originalism from Legitimacy

The Case for Originalism, Part Seven: Underdeterminacy and the Construction Zone

The Case for Originalism, Part Eight: Some Objections to the Constraint Principle

The Case for Originalism, Part Nine: The Importance of Pairwise Comparisons

The Case for Originalism, Part Ten: Implementing Originalism and a Conclusion