Originalists and living constitutionalists have been hammering away at each other for decades. But, up until recently, most living constitutionalists at least agreed that originalism qualifies as a ...
AbstractIn an era concerned with dysfunction in American politics, polarization, and the relevance of academia for ameliorating these problems, the fiftieth anniversary of a debate about American ...
Former federal judge Mark Wolf resigns and criticizes Trump administration's Supreme Court success rate, sparking debate over ...
Living constitutionalists argue that their methodology allows us to improve constitutional law over time. But what if it actually makes it worse? Legal scholar Ernest Young raises that very question ...
For Republicans, defending the Constitution is like the weather: They all talk about it, but nobody ever does anything. Or, at least, does anything practical. Conservatives think that modern ...
Throughout her career as a constitutional law scholar, Neomi Rao has made clear that she embraces the text and original public meaning of the Constitution, that she is exceptionally strong on ...
So much is being written in the mainstream media about who the tea partiers are, but very little is being recorded about what these folks are actually saying. We know that this is a decentralized ...
Robert H. Bork, we all know, didn’t sit on the Supreme Court. His legacy thus cannot lie in votes cast and opinions written. You have to look elsewhere, and you certainly could begin with his earliest ...
If, by some bizarre twist of fate, the cosmic tumblers align, and Donald J. Trump finds himself on the steps of U.S. Capitol next January after winning election as the next Leader of the Free World, ...