Tuesday, August 20, 2019

LHR 37:3: Originalism and Legal History

After Anat Rosenberg's article “Amongst the Most Desirable Reading”: Advertising and the Fetters of the Newspaper Press in Britain, c. 1848–1914, Law and History Review 37:3 (August 2019) is given over to the symposium, Originalism and Legal History: Rethinking the Special Relationship.  As the editor, Gautham Rao, explains,:
At its best, the dialogue between historians and orginalist theorists and practitioners has produced some fascinating ruminations on the possibility of textual determinacy and the transformation of legal and politician language from the eighteenth century to the present.  At its worst, the dialogue has devolved into an "interdisciplinary turf war" without an exit plan.
The principal contributions are:
Two Early Dutch Translations of the United States Constitution: Public Meaning in a Transnational Context, by Michael Douma

Interpreting Article II, Section 2: George Washington and the President's Powers, by Lindsay M. Chervinsky

“Plant Yourselves on its Primal Granite”: Slavery, History and the Antebellum Roots of Originalism, by Aaron R. Hall

Common Law Confrontations, by Bernadette Meyler

Originalism and the Academy in Exile, by Paul Baumgardner

Originalism and the Law of the Past, by William Baude and Stephen E. Sachs

Reading the Constitution, 1787–91: History, Originalism, and Constitutional Meaning, by Saul Cornell

Method and Dialogue in History and Originalism, by Logan Everett Sawyer
The issue concludes with The Closing of the Constitution, Kevin Arlyck’s review essay on Jonathan Gienapp's The Second Creation: Fixing the American Constitution in the Founding Era.

--Dan Ernst