Agoraphilia

Originalism--the theory that we should Interpret the Constitution according to the public meaning of its words at the time of its ratificati...

My friend, Eugene Volokh, has posted some thoughtful comments on my consent-based approach to reading the Constitution. His excellent ques...

Consent to constitutional governance varies by degrees and from person to person. Different levels of consent give different levels of just...

At the Constitution's ratification, original meaning and consent coexisted. But with the advent of a new generation, the Founder's ...

Although the U.S. Constitution uses “Property” four times, it nowhere defines the term. What does it mean? I’ve been grappling with that q...

Just because the Founders ratified a Constitution as they understood it does not mean that we ratify one with the same meaning. We ratify o...

Toy Story 3 offers many pleasures and not a little wisdom. I absorbed them with a shocking output of tears, both the laughing kind and oth...

Consent plays a prominent role in moral reasoning. I here offer a new, transcendental argument for the moral value of consent: Because an ...

It stands as a fundamental principle of justice that we cannot entrust one party to unilaterally judge its disputes with other parties. Thi...

Although some of my closest friends might respond with expressions of fury and disappointment, I am coming out of the closet on originalism....

I recently posted to SSRN a working paper, The Scale of Consent, a copy of which you can download here. Here's the abstract: We often...