This Article excavates the Founding Era approach to expressive freedom, which was grounded in a multifaceted understanding of natural rights that no longer survives in American constitutional thought. This forgotten history undercuts the Supreme Court’s recent insistence that the axioms of modern doctrine inhere in the Speech Clause itself.| www.yalelawjournal.org
Remarks at the Inaugural Judge Joan Larsen Lecture at Michigan Law| thenewdigest.substack.com
On “History and Tradition” in Constitutional Interpretation| thenewdigest.substack.com
This Article explores Founding-era views about the grounding of constitutional rights and how those rights obtained determinate legal content. Today, we typically view constitutional rights as textually grounded, gaining their force through ratification, and we treat the task of determining their content as a question of law — that is, a question for judges to decide using legal criteria.| Harvard Law Review
Remarks from the Inaugural Judge Joan L. Larsen Lecture, University of Michigan School of Law| thenewdigest.substack.com