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08/01/2017

Forthcoming Book: "A Debt against the Living: An Introduction to Originalism" by Ilan Wurman
Michael Ramsey

Forthcoming from attorney and Stanford Constitutional Law Center associate fellow Ilan Wurman: A Debt against the Living: An Introduction to Originalism (Cambridge University Press August 31, 2017 [but available for preorder now]).  Here is the book description from Amazon:

Thomas Jefferson famously wrote that the earth belongs to the living. His letter to James Madison is often quoted for the proposition that we should not be bound to the 'dead hand of the past', suggesting that the Constitution should instead be interpreted as a living, breathing document. Less well-known is Madison's response, in which he said the improvements made by the dead - including the US Constitution - form a debt against the living, who benefit from them. In this illuminating book, Ilan Wurman introduces Madison's concept of originalism to a new generation and shows how it has shaped the US Supreme Court in ways that are expected to continue following the death of Justice Antonin Scalia, one of the theory's leading proponents. It should be read by anyone seeking a better understanding of originalism and its ongoing influence on the constitutional jurisprudence of the Supreme Court.

With very positive blurbs from an all-star lineup: Robert George, Jack Balkin, Randy Barnett, Ralph Rossum, Will Baude, George Will and Mitch Berman.

I read an earlier draft version -- it is very well done, and accessible to the non-specialist.