ORIGINALISM

Originalism: my dialogue with Will

Below are links to posts written by me and Will Baude while we co-taught our seminar on originalism.

Date Author Title and Link
January 7 Eric Posner Originalism Seminar Class 1:Heller
January 8 Will Baude Heller as an Advertisement for Originalist Methodology
January 10 Eric Posner Originalism: History vs. Law
January 14 Will Baude Printz, Commandeering, and the Federalist
January 14 Eric Posner Originalism Class 2: Printz As A Paean To The Living Constitution
January 21 Eric Posner Originalism Class 3: Precedent
January 22 Will Baude Precedent is not a threat to orignalism
January 29 Will Baude Does originalism justify Brown, and why do we care so much?
January 30 Eric Posner Originalism Class 4: Brown
January 31 Will Baude Originalism, the bear principle, and the reading of entrails
February 2 Will Baude Originalists need not be naïve perfectionists
February 3
 Eric Posner Response to Will’s Response to my Class 4 Comments
February 5 Eric Posner Originalism Class 5: Noel Canning
February 6 Will Baude Recess appointments and the size of government
February 6 Eric Posner Reply to Will on Noel Canning
February 6 Eric Posner Originalism and precedent: Baude v. Sunstein
February 7 Will Baude Originalism, false dichotomies, and the question of who decides
February 12 Will Baude Reasons for being an originalist
February 12 Eric Posner Class 6: Reasons for being an originalist
February 14 Will Baude Originalism in our legal culture: The case of the Ground Zero mosque
February 19 Eric Posner Originalism Class 7: The Evolving Constitution
February 19 Will Baude Originalism and Its Critics: The Critics’ Turn
February 27 Will Baude Originalism and ‘Accounting for Change’
February 27 Eric Posner Originalism Class 8: Accounting for Change
March 3 Will Baude Originalism and the rule that government actors don’t change the Constitution
March 5 Eric Posner Is there a rule that government actors don’t change the Constitution?
March 6 Will Baude When a change in constitutional practice is legally invalid
March 6 Eric Posner Originalism Class 9: Between Phony and Naive
March 7 Will Baude Originalism: the theory and the politics