There has been some originalist debate of late about the proper reading of the Citizenship Clause of the Fourteenth Amendment. The fate of the Trump administration's executive order excluding new ...
In a famous Supreme Court one-liner, reminding the legal community of the finality of the court’s rulings, the late Justice ...
This is the 11th in a series of essays about the U.S. Constitution. A historian could tell a significant portion of English and American Colonial history using the Bill of Rights as a guide. A defense ...
An Underwhelming Leak on the Supreme Court’s Emergency Docket Audio By Carbonatix Some critics of originalism fault it on natural-law grounds. Their critiques are wanting. Constitutional theorists on ...
The study of the Constitution is, for many, one of the most fascinating parts of law school. Understanding the Constitution and the debates that surround its interpretation is central to a wide range ...
Measured against the sweep of Anglo-American legal history, judicial review—the power of unelected judges to invalidate, as contrary to higher law, an act of the legislature—was a radical development.
Immigration Matters is a recurring series by César Cuauhtémoc García Hernández that analyzes the court’s immigration docket, ...
All too often, judges allow sentiment to override the Constitution. While they might refer to a “living Constitution,” what ...
I took part in a recent National Constitution Center panel on "The War Over Constitutional Meaning." The other participants were Prof. Amanda Shanor (Univ. of Pennsylvania), Prof. Alan Trammell ...