Ascendant during the Reagan era, originalists argued that the Constitution should be interpreted according to its original ...

Five decades ago, originalism wasn’t even an -ism. In the academy, at the bar, and on the courts, the Constitution was interpreted as a living, breathing document. Contemporary values mattered more ...

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 ...

Remarks from NRI’s Regional Seminars. The following remarks, lightly adapted, were delivered by the author in Chicago on April 11, as part of National Review Institute’s Foundations of Freedom ...

This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. Originalism is now the dominant approach to constitutional interpretation for the Republican ...

The Supreme Court, as Justice Oliver Wendell Holmes Jr. said, is a “storm center.” Conflicts over institutional power, individual rights and, most significantly, the meaning of the Constitution all ...

In her new book, “The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back,” Madiba K. Dennie critiques the legal doctrine known as "originalism," calling it ...

On March 12, the Byron R. White Center for American Constitutional Law and the American Constitution Society (ACS) at Colorado Law hosted a lunch talk on “Reclaiming the Constitutional Text from ...

If you describe yourself as a liberal or a progressive, that probably means you have a low opinion of originalism, the school of constitutional thought that is closely identified with the conservative ...

"Originalism" is an influential theory of constitutional interpretation. In the 1960s, Supreme Court Justice Hugo Black, a prominent liberal, marched proudly under the originalist banner. In the ...

If you’re going to criticize constitutional originalism, please at least know what you’re talking about first. For example, self-professed feminist blogger Jill Filipovic claimed Tuesday morning that, ...