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2021-2022 Cato Sup. Ct. Rev. ix (2021-2022)

handle is hein.journals/catoscrev21 and id is 1 raw text is: 










FOREWORD


Can Originalism Work?

                        Trevor Burrus*


  The Cato Institute's Robert A. Levy Center for Constitutional Stud-
ies is pleased to publish this 21st volume of the Cato Supreme Court
Review, an annual critique of the Court's most important decisions
from the term just ended plus a look at the term ahead. We are the
first such journal to be released, and the only one that approaches
its task from a classical liberal, Madisonian perspective, grounded
in the nation's first principles: liberty through constitutionally lim-
ited government. We release this volume each year at Cato's annual
Constitution Day symposium  on September 17th or thereabouts.
  After 12 years of working on the Review in some capacity-first
as an intern who  laboriously (and, admittedly, often incorrectly)
cite checked hundreds of pages, then a managing editor who kept
the trains running on time, and then editor in chief for the last four
years-this is the first time I am writing the foreword. I'm taking
over from Ilya Shapiro, who edited 11 volumes of the Review, and
who  departed the Cato Institute in early 2022 for what we hope are
greener pastures. Before Ilya, Roger Pilon, the man who saved me
from a life of quiet desperation in corporate law, penned this fore-
word. I've turned over the task of writing the introduction to my
colleague and the Review's managing editor Tommy Berry, who also
began as an intern working in the cite-checking mines. Now I get
to write about the interesting theme(s) that emerged in the Court's
most recent term.
  At some point during every year that I work on the Review, I think
about how  quixotic the project is. Writing and publishing a law



  * Research fellow, Robert A. Levy Center for Constitutional Studies, Cato Institute,
and editor in chief, Cato Supreme Court Review.


ix

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