Deep State Constitutionalism
My review of Adrian Vermeule’s new book Common Law Constitutionalism in the Claremont Review of Books is now posted. You can download it here. There was more in the book with which I agreed than I expected. But ultimately, I think it fails as either a critique of originalism or as a presentation of a viable alternative to it. Here is the abstract:
In this review, I explain how “Common Law Constitutionalism” taps into a deficiency of the conservative legal movement: namely, its exclusive focus on the law “as it is” at the expense of the underlying abstract normative principles that justify the positive law of our written Constitution. Due to this deficiency, the conservative legal movement gives short shrift to the Declaration of Independence and the Ninth Amendment and the natural rights to which both refer. This deficiency is in need of cor
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