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 ...
In recent years, allegiance to the constitutional theory known as originalism has become all but mandatory for American legal conservatives. Every justice and almost every judge nominated by recent ...
Some of the Supreme Court’s recent decisions rely on the idea of neutrality. But its appeals to neutrality misunderstand the ...
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 ...
Abstract: The idea of an “Internet Bill of Rights” is by no means a new one: in fact, serious efforts to draft such a document can be traced at least as far back as the mid-1990s. Though the form, ...
When a widely acclaimed Harvard Law School professor publishes a book that another Harvard Law professor calls “the most important book of constitutional theory in many decades,” it’s certainly worth ...
Constitution Day offers us an opportunity to examine BR Ambedkar’s broader conception of constitutionalism, which can be traced from his writings, speeches, social movements, and public and political ...
Canada’s Assisted-Suicide Boom Reveals the Human Costs of Single-Payer Democrats Say They Want Affordable Housing. So Why Are They Killing It? The Democrats’ Patriotism Gap The Supreme Court Should ...
It Will Be Hard for Democrats to Replace Graham Platner Remove Bill Pulte A D-Day Model of Leadership America Should Seek to Follow Freedom Is Worth the Risk The Unsung Hede Massing Harvard’s Adrian ...