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 ...

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 Richard J. Childress Memorial Lecture at Saint Louis University School of Law brought together legal scholars and practitioners on October 25, 2024, to explore constitutional interpretation in ...

I recently read Judge Jeffrey Sutton's excellent new book, 51 Imperfect Solutions: States and the Making of American Constitutional Law. As readers may know, the book argues for a rejuvenation of ...

Type to search articles, cases, and authors. Press ↵ to view all results. Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law ...

This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. This article is inspired by the author’s work in her book The Originalism Trap: How ...

The following welcome message was shared with incoming students in Robert P. George’s Fall 2025 Constitutional Interpretation course at Princeton University. Dear Enrollees in Politics 315: ...

American law has not historically been good to women, and whatever progress there once was is now vulnerable to regression. This return is being midwifed into the world by the theory of constitutional ...

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, ...

The full title of Erwin Chemerinsky’s book says it all: Worse Than Nothing — The Dangerous Fallacy of Originalism. Chemerinsky, the dean of Berkeley Law School, tells readers that the doctrine of ...

President Joe Biden apparently believes the U.S. Constitution that he swore to uphold and defend is different today than when he was sworn into office. In his mind, the Constitution isn’t the ...