Every major question in American public life ultimately returns to a single source of authority: the Constitution. Whether the issue concerns abortion, the scope of federal agencies, the death penalty ...

Originalism teaches only that the Constitution’s original meaning is fixed; meanwhile, of course, new applications of that meaning will arise with new developments and new technologies. Consider a few ...

If you describe yourself as a liberal or a progressive, that probably means you have a low opinion of originalism, the school of constitutional thought that is closely identified with the conservative ...

These days, everyone wants to be an originalist. But in Trump v. Barbara, the birthright-citizenship case at the Supreme Court, not everyone is doing originalism well. Alas, the Trump administration ...

One of the greatest honors of my career has been receiving the inaugural 2022 Edwin Meese III Originalism Award. My lecture was titled Originalism and Stare Decisis in the Lower Courts. The winners in ...

Five decades ago, originalism wasn’t even an -ism. In the academy, at the bar, and on the courts, the Constitution was interpreted as a living, breathing document. Contemporary values mattered more ...

History professor Jonathan Gienapp criticized constitutional originalism for its insufficient understanding of the period in which the Constitution was written at his Tuesday talk, titled “History and ...

The past is myriad. When we search the past, whether our own memories or the historical record, we open ourselves to a variety of cognitive biases. Our belief that our memories are accurate and ...

The United States Constitution remains one of the highest protections of individual freedoms; however, these rights remain frequently ignored, eroded, or denied despite protections for current and ...