Contrary to Bostan, Robert Bork’s originalism is but one strand—a deeply flawed one—in the conservative legal tradition. Judge Posner’s jurisprudence avoids Bork’s historical misunderstandings, and is consistent with the views of Madison and of contemporary non-“originalist” limited-government legal theorists.

Andrew R. Rutten is a former Lecturer in the Department of Political Science at Stanford University.
Constitutional LawGovernment and PoliticsLaw and LibertyLitigationPolitical Theory
Other Independent Review articles by Andrew R. Rutten
Fall 2006 Politics in Time
Fall 2003 The New Economy (Pre)Dux; or, What History Teaches Us about the Wired World
Summer 2001 Rethinking the New Deal Court: The Structure of a Constitutional Revolution
[View All (6)]