Some of the Supreme Court’s recent decisions rely on the idea of neutrality. But its appeals to neutrality misunderstand the ...

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 ...

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, ...

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 ...

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 ...

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 ...

Here are three of the most common criticisms of originalism made by non-originalists: (1) Originalism does not provide a determinate answer to contested questions—anything beyond, say, how many ...

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 ...

Dr. Doerfler and Dr. Moyn teach law at Harvard and Yale. See more of our coverage in your search results.Encuentra más de nuestra cobertura en los resultados de búsqueda. Add The New York Times on ...

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 ...