Ken I. Kersch — Articles

Originalism’s Curiously Triumphant Death: The Interpenetration of Aspirationalism and Historicism in U.S. Constitutional Development

Constitutional Commentary, Vol. 31: Iss. 3

One of the central debates amongst U.S. constitutional theorists for more than a generation has been between (conservative) ‘originalists’ arguing that, in interpreting and applying the Constitution, judges are duty bound to adhere to the original understandings at the time...

"He'll Take His Stand"

Constitutional Commentary, Vol. 24: Iss. 3

Book Review of Dred Scott and the Problem of Constitutional Evil. By Mark A. Graber. Cambridge: Cambridge University Press, 2006. Pp. xiii +

264. Reviewed by: Ken I. Kersch

Bringing It All Back Home?

Constitutional Commentary, Vol. 28: Iss. 3

Book Review of Ordered liberty: rights, responsibilities, and virtues. By James E. Fleming and Linda C. McClain, 2013. Cambridge, Mass.: Harvard University Press. 371 pages. Reviewed by Ken I. Kersch