Recent Supreme Court decisions overturning Roe v. Wade and expanding gun rights in the U.S. have led some legal experts to declare the “triumph of originalism.” The court’s opinions do, in fact, ...

Originalism has become the predominant form of constitutional interpretation in the Supreme Court, a rebuttal to the notion that the Constitution is a living document whose meaning evolves with the ...

I bring all of this up again because of a new article about Machen sent to me by historian Austin Steelman titled: “The Birth of the Dead Constitution: Arthur Machen Jr.’s Early Twentieth-Century ...

During MSNBC's "Why is This Happening?" podcast Tuesday, a law professor told host Chris Hayes the Founding Fathers "don't represent us in any meaningful way" and that originalism - the concept that ...

A string of recent election results — including the Kansas abortion amendment and special elections for House seats in New York and Alaska — make it clear that the Supreme Court’s decision overturning ...

How is traditionalism similar to and different from originalism? And how does it relate to what some originalists call "liquidation"? These questions are complicated by the capaciousness of ...

Recent Supreme Court decisions overturning Roe v. Wade and expanding gun rights in the U.S. have led some legal experts to declare the “triumph of originalism.” The court’s opinions do, in fact, ...

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 ...

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 ...

The U.S. Supreme Court's new term is here, offering new opportunities for the justices to remake our constitutional rights in the name of history. In its last two terms alone, the court did just that ...

I recently saw Sen. Mike Lee referred to in writing as a “principled conservative constitutionalist.” The words “conservative constitutionalist” are carefully chosen and have specific meaning to a ...

Recent Supreme Court decisions overturning Roe v. Wade and expanding gun rights in the U.S. have led some legal experts to declare the “triumph of originalism.” The court’s opinions do, in fact, ...