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 ...

・Professor Morgan Marietta predicts a shift towards originalism in the Supreme Court's approach this term, marking a departure from 'living Constitutionalism' to an interpretation focused on the ...

On June 15, 2020, the Supreme Court held that the 1964 Civil Rights Act’s ban on workplace discrimination on the basis of sex proscribed not just differential treatment of male and female employees, ...

Some critics of originalism fault it on natural-law grounds. Their critiques are wanting. Constitutional theorists on the right are engaged in a debate about the moral foundations of originalism, the ...

The text and historical context of the Constitution provide liberals with ample opportunities to advance their own vision of America. Ponnuru might be right about conservatives’ rhetorical success, ...

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 ...

Therefore, the meaning of laws and the Constitution must be flexible enough to be understood as they want to understand them at any point in time. And they want to get rid of anyone in any position ...