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Lin-Manuel Miranda And The Future Of Originalism, Richard A. Primus
Lin-Manuel Miranda And The Future Of Originalism, Richard A. Primus
Book Chapters
This chapter discusses how Lin Manuel Miranda's Hamilton: An American Musical is changing the future of originalism. Originalism in constitutional law has recently had a generally conservative valence not because the Founders were an eighteenth-century version of the Federalist Society, but because readings of Founding era sources that favored right-leaning causes were generally predominant in the community of constitutional lawyers. Since 2015, however, the millions of Americans who have listened obsessively to Hamilton's cast album or packed theaters to see the show in person have been absorbing a new vision of the Founding. The blockbuster musical narrative has retold America's …
Reining In The Supreme Court: Are Term Limits The Answer?, Arthur D. Hellman
Reining In The Supreme Court: Are Term Limits The Answer?, Arthur D. Hellman
Book Chapters
Once again, life tenure for Supreme Court Justices is under attack. The most prominent proposal for reform is to adopt a system of staggered non-renewable terms of 18 years, designed so that each President would have the opportunity to fill two vacancies during a four-year term. This book chapter, based on a presentation at a conference at Duke Law School, addresses the criticisms of life tenure and analyzes the likely consequences of moving to a system of 18-year staggered terms for Supreme Court Justices.
One of the main arguments for term limits is, in essence, that the Supreme Court should …