Dispatches from the Creation Wars

While I’m on the subject of originalism and constitutional interpretation, I really should link to Timothy Sandefur’s brilliant article in the Harvard Journal of Law and Public Policy entitled Liberal Originalism: A Past for The Future and to Randy Barnett’s equally brilliant article, An Originalism for Non-Originalists. Both articles help flesh out the idea of liberal originalism, an originalism based upon the application of the founding principles found in the Declaration rather than on the letter of the law at the time of the founding.


  1. #1 Eric the .5b
    January 30, 2006

    I for one will take a look. 🙂

  2. #2 spyder
    January 30, 2006

    I sometimes think we do ourselves a disservice when we restrict the “founding” principles to the textual efforts of Jefferson, Madison, Adams, Franklin, et al. We do owe the French a bit of praise as well, particularly Molière, Voltaire, and Rousseau, when we examine the “original.” Just a thought!

  3. #3 Ed Brayton
    January 30, 2006


    I’ll look forward to hearing your thoughts on the matter. You might be interested in Positive Liberty, a group blog that I write for. All four contributors are advocates of liberal originalism (liberal in the classical sense, not the modern political sense). Tim Sandefur, whose article I link to above, is one of the contributors there. In addition to him and Randy Barnett, you might want to check out Scott Alan Gerber’s work in this regard.

  4. #4 Eric the .5b
    January 30, 2006

    I’d actually recently started following Positive Liberty, as it happens.

New comments have been disabled.