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 ...

U.S. Supreme Court Justice Antonin Scalia is a colorful and brilliant proponent of the school of constitutional interpretation called “originalism.” He argues that originalism is the only proper way ...

National Constitution Day was Sept. 17, but I fear that the commemoration too often celebrates the wrong things. The Constitutional Convention in Philadelphia finished its work, and the drafters ...

Passed by Congress September 25, 1789. Ratified December 15, 1791. The first 10 amendments form the Bill of Rights Modern debates about the Second Amendment have focused on whether it protects a ...

Log-in to bookmark & organize content - it's free! Peter Sagal discussed his "Constitution USA" series and scholarly debate on interpreting sections of the Constitution such as the enumerated powers.

A collection of theories calling for adherence to the "original intent" of the creators of the Constitution. Types of originalism include strict interpretation and strict constructionism. A few years ...

The Hollow Core of Constitutional Theory: Why We Need the Framers, by Donald L. Drakeman (Cambridge University Press, 248 pp., $32) Donald L. Drakeman’s 2020 book, The Hollow Core of Constitutional ...

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 ...

A minor kerfuffle recently erupted in the world of academic constitutional theory over whether two ideas might be connected. The first is originalism: the idea that interpretation should recover the ...