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State Bills Of Rights In 1787 And 1791: What Individual Rights Are Really Deeply Rooted In American History And Tradition?, Steven G. Calabresi, Sarah E. Agudo, Kathryn L. Dore
State Bills Of Rights In 1787 And 1791: What Individual Rights Are Really Deeply Rooted In American History And Tradition?, Steven G. Calabresi, Sarah E. Agudo, Kathryn L. Dore
Steven G Calabresi
This article examines State Bills of Rights in 1787 and 1791 when the federal Constitution and Bill of Rights were adopted. We seek to answer the question of what fundamental rights are really deeply rooted in American history and tradition by examining the State Bill of Rights culture at the time of the Framing. The U.S. Supreme Court has repeatedly said that substantive due process protects individual rights that are deeply rooted in American history and tradition. This article helps to shed light on what those rights are. It builds on a Texas Law Review article Professor Calabresi published in …
Originalism And Loving V. Virgina, Steven G. Calabresi, Andrea Matthews
Originalism And Loving V. Virgina, Steven G. Calabresi, Andrea Matthews
Steven G Calabresi
This article makes an originalist argument in defense of the Supreme Court’s holding in Loving v. Virginia that antimiscegenation laws are unconstitutional. This article builds on past work by Professor Michael McConnell defending Brown v. Board of Education on originalist grounds and by Professor Calabresi defending strict scrutiny for gender classifications on originalist grounds. Professor Calabresi’s work in this area was defended and praise recently by Slate magazine online. The article shows that Loving v. Virginia is defensible using the public meaning originalism advocated for by Justices Antonin Scalia and Clarence Thomas. This article shows that the issue in Loving …