Tyranny of the Judiciary

"Four recent books show that “originalism”—the Madisonian doctrine that the Constitution should be interpreted as it was explained by Federalists during the ratification debates—continues to be deeply unfashionable in elite circles, even as the idea reaches a wider popular audience than ever before thanks to the Tea Party and other grassroots groups. From Harvard Law School to the Supreme Court, many of our most prestigious legal scholars are anti-Madisonian to the core."