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(1) Thrilled to say that my piece, "Resurrecting the Trinity of Legislative Constitutionalism," is heading to The Yale Law Journal. This piece shows that--contrary to decades of SOP scholarship--Congress had its own equivalent to the DOJ's OLC for 50 years. (link below)

Looking forward to this upcoming conference at UChicago on “Sovereign Power and the Constitutional Text.” Great lineup, addressing an array of topics, including Indian law, immigration law, extradition, and the extraterritorial application of criminal law. law.uchicago.edu/events/soverei…

Devastated to hear news of the untimely passing of my friend and former colleague Ken Kersch of Boston College He was a scholarly and political maverick in the best sense of the term and his voice will be sorely missed. Full if insights into 20th American constitutional history

I read this article in draft form and highly recommend it.

What is originalism’s role in constitutional interpretation today? Jonathan Gienapp and Stephen E. Sachs discuss the history of originalism – and what it means today for #WeThePeoplePodcast. ow.ly/RueT50Uzjis

Author and professor Jonathan Gienapp of Stanford University proposes a broader question to the concept of constitutional originalism on #WeThePeoplePodcast. Listen now: ow.ly/GCGY50Uzyrf

Honored to be in Law & Liberty again, this time as part of a symposium considering Jonathan Gienapp's newest work. I highly recommend people read the book and my essay! lawliberty.org/book-review/or…

During the past two weeks, the Balkinization site has hosted commentaries on my new book, “Historical Gloss and Foreign Affairs.” The commentators are all terrific scholars, and I found their reflections to be extremely fair-minded and insightful. I address a few points here in

"Originalists “impose far more on the past than they take from it,” Jonathan Gienapp said, “creating a past that never existed as though they lived in that past as though people thought like them in that past.” The Stanford Daily Stanford Law School stanforddaily.com/2025/02/03/mee…

My review of Jonathan Gienapp's latest, "Case Against Originalism," is now live at FUSION: In the Tradition of Liberty. I happily managed to work L. Brent Bozell's "The Warren Revolution" into the analysis. Thanks to SamuelGoldman for the interest and help in putting this together: fusionaier.org/post/originali…

#HistoryMatters Prof. Jonathan Gienapp discusses his📖(Yale University Press 24) w/ Prof. Michael W. McConnell: “Too often, originalists fail to take seriously the history they have pledged to follow in looking to the past to define the nation’s constitutional law.” tinyurl.com/4zn6kdj2

Two new pieces of scholarship from me: (1) Separation-of-Powers Lochnerism (draft here: papers.ssrn.com/sol3/papers.cf…) and (2) Taking Legality Seriously: What the Major Questions Doctrine Is - And Isn’t (with Ofra Bloch) (papers.ssrn.com/sol3/papers.cf…) (1/5)

Watch & read about #StanfordHistorian Prof. Jonathan Gienapp discussing his book, Against Constitutionalism (Yale University Press 2024) w/ Stanford Law School Prof. Michael McConnell Michael W. McConnell news.stanford.edu/stories/2025/0… Stanford H&S Stanford Center for Law and History

Tremendous paper by Jud Campbell in the Harvard Law Review, arguing that both originalists and living constitutionalists have departed (a lot) from the Founders' vision. To read it is to get reoriented from current categories/understandings. Harvard Law Review harvardlawreview.org/print/vol-138/…

Congrats to the Texas A&M Law Review for hosting a fantastic symposium on Jack Balkin's book "Memory and Authority." What a treat to talk constitutional interpretation with these great scholars today! ⬇️

Recently posted a new draft on SSRN, about the role of custom in setting the scope of constitutional rights in 17/18C England, and the conceptual and interpretive puzzles that approach raised. Comments welcome! papers.ssrn.com/sol3/papers.cf…

4/15: A Company of Authors, organized by Stanford Continuing Studies and Stanford Humanities Center and featuring #StanfordHistorians Prof. Jonathan Gienapp, Tom Mullaney, @AnaRMinian, Matthew Sommer, Caroline Winterer, Peter Stansky, and Carolyn Lougee RSVP: tinyurl.com/38e97nba

Thanks to Yale Journal of Law & Humanities for organizing such a superb all-day symposium tomorrow on Jonathan Gienapp's _Against Constitutional Originalism: A Historical Critique_. yaleconnect.yale.edu/yjlh/symposium/