Originalism has featured prominently in each of the last three Supreme Court confirmation battles – those of Neil Gorsuch in 2017, Brett Kavanaugh in 2018 and now Amy Coney Barrett. Each time, ...

To the editor: Originalism is not “common sense,” contrary to University of Virginia law professor Lawrence B. Solum’s assertion. Instead, it is the noxious idea that we are bound by the prejudices ...

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—the idea that the meaning of each provision of the United States Constitution becomes fixed at the time of its enactment—in its contemporary form traces back to the advocacy of a few ...

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 ...

If the Positive Law test is originalist, then what isn't? A close look at Fourth Amendment history and some recent scholarship. My friend and co-blogger Will Baude argued recently that his Positive ...

A collection of theories calling for adherence to the "original intent" of the creators of the Constitution. Types of originalism include strict interpretation and strict constructionism. A few years ...

I’ve seen the light! After many years of believing that the U.S. Constitution should be made relevant to modern society, I’ve been converted by the arguments of Supreme Court Justice Antonin Scalia, ...

The right seems to have won the battle of constitutional theory. Ever since the days of Brandeis, progressives have conceptualized the Constitution as a “living charter” that could respond to evolving ...

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, ...