Home
/
RELIGION & LIBERTY
/
The Historical Challenge to Originalism
The Historical Challenge to Originalism
Nov 1, 2025 3:29 PM

  Stanford historian Jonathan Gienapps new book, Against Constitutional Originalism: A Historical Critique, is an important shot across the bow of a venerable legal tradition. Using the tools of a historian, Gienapp aims to draw the methods of public meaning originalism into question. In this symposium, Law Liberty contributors offer responses from both legal and historical perspectives.

  

The Historical Challenge to Originalism1

  Jan 16, 2025 A Review of Against Constitutional Originalism Originalism, Relativism, and the American Founding Aaron N. Coleman Gienapp’s new book is a serious historical attack on originalism, but it falls short of vanquishing it entirely.

  

The Historical Challenge to Originalism2

  Jan 16, 2025 A Review of Against Constitutional Originalism The Constitution Neglected John O. McGinnis Mike Rappaport Jonathan Gienapp seeks to use the historian’s tools to challenge originalism, but in the process he neglects the text of the Constitution itself.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY
Christianity, the Foundation and Conservator of Freedom
R&L: You have often described yourself as an arch-liberal. The word liberalism has very different meanings in the United States and Europe. Could you explain the differences of those understandings of this term? Kuehnelt-Leddihn: The term liberal in its political connotation we owe to Spain, the nation that always valued freedom most highly if not excessively, and therefore also produced a great many anarchists in the last one hundred fifty years. Resisting the Napoleonic invasion, Spain proclaimed in the...
Local Communities Are Charity's Resource of First Resort
R&L: What are your views on the nature of the welfare state and the need for its reform? Santorum: What we have had with our public assistance programs over the past thirty or more years is a system that was very bureaucratic, very clinical. It did not require much, if any, responsibility—in fact, I would argue that it rewarded irresponsibility. And the system did not provide much incentive or opportunity for recipients to escape public assistance programs. In most...
Virtue a Prerequisite for Economic and Political Freedom
R&L: In addition to managing one of the most successful investment firms in the nation, you are also a vigorous philanthropist, regularly funding such things as Christian outreach to the inner city. How is this related to your mitment? Friess: People will sometimes ask, “Why should I get involved in trying to solve society’s problems? Why don’t I just go to my Bible study and enjoy the ‘holy huddle’? It’s safe and secure there; why venture out where I’m...
On Going Through the World with Our Hats Off
R&L: At the heart of any discussion about the environment is the question, “What kind of world do we want to live in?” What, to your way of thinking, is the best environment for man? Dennis: The best environment for man is the environment for liberty. This is an environment that has been hard-won over the years and was somewhat accidental in its occurrence; that is to say, one thousand years ago, men did not go out and say,...
Rediscovering "Calling" Will Revitalize Church and Society
R&L: In your book, The American Hour, you say that America, at her best, is a liberal experiment. In this context, what do you mean by “liberal”? Guinness: I mean it, not it its modern sense, but in its nineteenth-century sense of liberalism in the relation of faith and freedom. I think the framers were clear that faith and freedom were integral. Faith was foundational to the United States at three points. The first was winning freedom; just take...
Religion, Morality, and the Private Property Order
R&L: You have been long involved in the late-twentieth-century revival of the freedom philosophy, especially with your involvement in the Foundation for Economic Education (fee). In addition, you are a Congregationalist minister. Why do you think it is important for ministers to be grounded in sound economic thinking? Opitz: Ministers today are learned and dedicated men and women. They buy books and subscribe to serious journals, striving to keep abreast of trends that affect religion and the church. They...
Pope John Paul II's Visit Heralds New Beginning for Cuba
R&L: In the weeks before Pope John Paul II’s visit to Cuba, there was a great deal of speculation as to what he would say and do during his time there. What were your expectations of the pope’s visit? Paredes: Knowing how the Holy Father has addressed local churches around the world in the past, I had no doubt that he would challenge the Cubans to rediscover their faith and to value their traditions and religious identity. R&L: Were...
Changed Hearts, Not Politics, Prompt Social Renewal
R&L: In some Christian circles, social action has taken precedence over evangelism. I am here thinking of the way that the pursuit of social justice has taken the place of the proclamation of the Gospel. What are your thoughts on this trend? Palau: My view is this: Evangelism, proclamation of the Gospel, is social action. It is social action because it changes the core of the problem, which is, the individual out of control from God. Conversion brings the...
Free Markets Best Protect the Environment
R&L: Now munism has been defeated and discredited, many see radical environmentalism as the next great threat to freedom. Do you agree with this analysis? Hodel: Yes, and I define radical environmentalism as a mechanism for permitting the collectivist mentality to feed its impulse to control society. In other words, there are very valid environmental concerns we all care about; I've never run into anybody who isn't an environmentalist. No one wants dirty air and water or wants to...
Good Financial Stewardship Part of God's Economy
R&L: As a Christian financial advisor, how do you understand the connection between your faith and the world of economics and finances? Burkett: I believe there is a direct link between faith and finances. In the New Testament, our Lord gives us, depending on how you count them, around thirty-four parables, two-thirds of which deal with the subject of money. I believe Jesus uses money as teaching tool to illustrate graphically this point: The way we handle financial matters...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved