Better Originalism

Positivism Only?: Privileges or Immunities in The Original Meaning of the Fourteenth Amendment

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Professors Randy Barnett and Evan Bernick deliver an exhaustive originalist appraisal of the text, structure, and historical treatment of the Fourteenth Amendment in their co-authored 2021 book The Original Meaning of the Fourteenth Amendment. This title reflects the authors’ support of the modern, mainstream originalist project which seeks the original public meaning of enacted and

Contra Historicist Originalism

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In his exclusive, inaugural piece, Hammer responds to Professor Stephanie Barclay’s recent article about the non-partisan nature of originalism. Hammer claims that Professor Barclay misrepresents the contemporary right-of-center alternatives to originalism and that these emerging strands better represent our Founding philosophy.

PODCAST: Jesse Merriam and Josh Hammer on “An Even Better Originalism?”

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Patrick Henry College Associate Professor Jesse Merriam and JWI affiliated scholar Josh Hammer joined JWI Deputy Director Garrett Snedeker to discuss Professor Merriam’s article, “A Better Legal Conservatism,” published in The American Mind. Prof. Merriam’s article was in response to “A Better Originalism,” co-authored by Prof. Hadley Arkes, Garrett Snedeker, Josh Hammer, and Matthew Peterson.

Anchoring Truths
Anchoring Truths is a James Wilson Institute project
The James Wilson Institute’s Mission is to restore to a new generation of lawyers, judges, and citizens the understanding of the American Founders about the first principles of our law and the moral grounds of their own rights.
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