Updates: Substantive Due Process, Kersch on Wilkinson, and Further Thoughts from Hadley Arkes
Michael Ramsey
Several conversations I noted earlier have interesting further developments.
(1) Cato Unbound has a series of responses to the initial essays (noted here and here) on substantive due process by Timothy Sandefur, Ryan Williams, Gary Lawson and Lawrence Rosenthal.
- The Limits of Unenumerated Rights by Timothy Sandefur
- Is My Argument True to the Original Meaning? by Timothy Sandefur
- General and Specific Guarantees of Lawful Rule by Timothy Sandefur
- Substantive Due Process and Original Meaning by Lawrence Rosenthal
- Come to My Side, Prof. Rosenthal — We Have Humility and Prudence! by Timothy Sandefur
- Law, History, and the Meanings of Words by Ryan Williams
- Is Everything Congress Passes Really a Law? by Timothy Sandefur
- Several Responses to Sandefur on Due Process by Gary Lawson
- The Perils of Judicial Tyranny by Lawrence Rosenthal
(2) At Balkinization, Ken Kersch comments on J. Harvie Wilkinson’s new book Cosmic Constitutional Theory (noted here).
(3) At Library of Law and Liberty, Hadley Arkes has further thoughts on the discussion provoked by my review of his book Constitutional Illusions and Anchoring Truths: he asks Could We Be in Heated Agreement? (note: I'm not convinced he and I are in heated agreement, but I've resolved to give him the last word in this exchange). The complete series of posts is:
- Hadley Arkes' Living Constitution, by Michael Ramsey
- Hadley Arkes' Response to Michael Ramsey's Review of Constitutional Illusions and Anchoring Truths, by Hadley Arkes
- Further Thoughts on Hadley Arkes and Natural Law Constitutionalism, by Michael Ramsey
- Could We Be in Heated Agreement?, by Hadley Arkes
Thanks to the Library of Law and Liberty and especially to Richard Reinsch for encouraging this discussion.