John O. McGinnis Subscribe
John O. McGinnis is the George C. Dix Professor in Constitutional Law at Northwestern University. His book Accelerating Democracy was published by Princeton University Press in 2012. McGinnis is also the coauthor with Mike Rappaport of Originalism and the Good Constitution published by Harvard University Press in 2013 . He is a graduate of Harvard College, Balliol College, Oxford, and Harvard Law School. He has published in leading law reviews, including the Harvard, Chicago, and Stanford Law Reviews and the Yale Law Journal, and in journals of opinion, including National Affairs and National Review.
Carl Larsen, co-owner of Telescope Media Group (Image: Alliance Defending Freedom).Meritocrats: The New Class Enemy
Scene from Yale University on Commencement Day in 2015 (f11photo/shutterstock.com).Holmes: An Uncommon Common Lawyer, but No Constitutionalist
Oliver Wendell Holmes, Jr. (image: Library of Congress)Silent Originalism and the Reweighting of Precedent
Justice John Marshall Harlan II (image: National Portrait Gallery, Smithsonian Institution)Lawyers: From Mainstays of the Republic to Progressive Rent-Seekers
The Rise of Economic Illiberalism as Foreign Policy
GENEVA, SWITZERLAND: The headquarters of the World Trade Organization (EQRoy, shutterstock.com). Judicial Strategies to Contain the Administrative State
U.S. Courthouse for the Southern District of New York in New York City (mariakray / Shutterstock.com).Why Justice Thomas Is Wrong about Precedent
The justice's dismissal of common law precedent in the context of written law is a distraction, based on a misreading of history.
Former Georgia Gov. Sonny Perdue, left, chats with Justice Clarence Thomas following Purdue’s swearing-in as the 31st U.S. Secretary of Agriculture at the Supreme Court, April 25, 2017. (USDA Photo / Alamy Stock Photo).The Parallel Democratic Dilemmas of the Court and the Fed
Aerial view of Washington, DC (Joseph Sohm/Shutterstock.com).Originalism, the U.S. Constitution, and the Continuity of Fusionism
In response to: Is Legal Conservatism as Accomplished as It Thinks It Is?
Leonard Leo, executive vice president of the Federalist Society, with Supreme Court Associate Justice Neil Gorsuch, November 16, 2017. (AP / Sait Serkan Gurbuz)More Responses
The irony: that legal conservatism seems to have triumphed now, at a moment when the political conditions that initially spurred it have ceased to obtain.
Some conservatives are unhappy with modern originalism; the best path for them is not to abandon it but to promote a more conservative version.
There are too few legal traditionalists to achieve what Merriam wants; this argues for a restorative project that’s conceptual rather than demographic.
Libertarian originalism tends to undermine conservative legal positions.
Is there a connection between originalism and conservatism that runs deeper than crude results-orientation?
Conservatives, if they wish to preserve state and local governance, should resume their resistance to the incorporation doctrine.
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