Originalists need to acknowledge the traditionalism of constitutional law and that precedential age, endurance, and connection to common practice matter.
Marc O. DeGirolami
Originalists must confront the value of legal stability promoted by stare decisis more squarely.
What we require is not judicial restraint, but a different sort of judicial engagement that develops the traditions of republican government.
There are too few legal traditionalists to achieve what Merriam wants; this argues for a restorative project that’s conceptual rather than demographic.
The eminently useful personal qualities of John Marshall.
Patrick Deneen has demonstrated that liberalism has serious internal flaws, but legal liberalism least likely to adapt to overcome these difficulties.
