Was the Constitution “Hard” Positive Law When Enacted?

That’s by and large the subject of our discussion on this new podcast, as Kevin and I chatted about some comments he will offer in response to Jonathan Gienapp’s “Against Constitutional Originalism” at a conference at Yale. It gave us a chance to revisit one of my favorite old cases, Calder v. Bull (1798), and the opinion of Justice Paterson (pictured above) in the case.