Dear Readers,
Shameless self-promotion: I’ll be taking part in a Federalist Society Teleforum on The Upside-Down Constitution tomorrow from 2-3 PM EST. Joining me on the call will be my co-blogger Mike Rappaport. To learn more details and listen live, visit the Society’s Teleforum event page.
Justice Samuel Alito's speech shows that originalism will be the parole of the Court going forward, and that Alito will be the originalist of tradition.
A reasonable reading of the U.S. Constitution’s preamble identifies how “general welfare” differs from its meaning in any given state constitution.