An originalist approach to due process can take several forms, and Justice Gorsuch's "surprise" decision in Dimaya v. Sessions reinforces this.
Announcing Liberty Classics
We are pleased to announce Liberty Classics, a new series engaging with Liberty Fund’s extensive catalog of books. Each essay in this series will review a major work published by Liberty Fund, with an eye to understanding their relevance of classic debates to contemporary law, politics, and culture.
We chose the first three books because of their importance for contemporary debates about originalism and liberalism:
Mark Pulliam, A Victorian Case for Ordered Liberty
James Fitzjames Stephen’s Liberty, Equality, Fraternity remains the best response to John Stuart Mill, and the politics of unfettered progress.
Stephen Presser, The Coming Resurrection of Raoul Berger? A Remembrance of Government by Judiciary
That judges are self-consciously law makers rather than law finders simply cannot be denied: Berger’s Government by Judiciary offers insight into opposing this.
Allen Mendenhall, A Better Sort of Constitutional Learning: James McClellan’s Liberty, Order, and Justice
James McClellan’s Liberty, Order, and Justice offers a wise introduction to the philosophy and politics of the U.S. Constitution.