It is often said that the Constitution does not interpret itself, that we are in need of a theory of interpretation for constitutions. This need has led to a flourishing literature on constitutional interpretation. Statutes, also, stand in need of a theory of interpretation, and that obvious need has led to a robust literature on that subject. What is said too infrequently is that Supreme Court rulings do not interpret themselves, that we are in need of a theory of interpretation for rulings. In this essay, I assess the question of what is an appropriate doctrine of ruling interpretation by applying the arguments of the living constitutionalists to Supreme Court rulings. Contemporary proponents of a progressive doctrine of interpretation for constitutions—variously called the ‘living tree,’ ‘living force,’ or ‘living constitution’ doctrines of interpretation—appear to embrace two theses. The first thesis, which we can call the ‘progressive thesis,’ is the view that the Supreme Court ought to ensure that our highest laws are in compliance with contemporary values. The second thesis is the ‘doctrine of judicial supremacy’ which maintains that all lower judicial and non-judicial actors are to accept and adhere to the rulings of the Supreme Court.
Originalism All the Way Down. Or: The Explosion of Progressivism
Originalism All the Way Down. Or: The Explosion of Progressivism
Recent Publications
- Debating Libertarianism: What Makes Society Just?
- Questioning the Assumptions of Political Discourse A Philosophical Analysis of Fundamental Concepts (2025)
- Common Law Liberalism: A New Theory of the Libertarian Society (Oxford University Press, 2024)
- “Diversity and Group Performance,” Encyclopedia of Diversity, Springer, 2024
- “Evading and Aiding: The Moral Case Against Paying Taxes,” with Christopher Freiman and Jessica Flanigan, Extreme Philosophy, ed. Stephen Hetherington, Routledge (2024)
Recent News
- America: The human plasma factory
- Office Hours: Evaluating the True Impact of Seemingly Good Acts
- Business as a Force for Good: MBA Students Support Hurricane Helene Victims Through Ethics Project
- New Editorial Team at Philosophy and Public Affairs
- Advocacy group concerned pay-for-plasma clinics expanding to Ontario will hurt voluntary donations
