One approach to the Constitution, referred to as "originalism," posits that the document must only be regarded as saying what the framers meant at the time and that the language of provisions must be ...

Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law and democracy. “Original public meaning” has become the […] The post An ...

Add Yahoo as a preferred source to see more of our stories on Google. In her book, Barrett makes a cogent case for originalism as the correct method of constitutional interpretation. In her view, ...

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 ...

Judge Amy Coney Barrett of the U.S. Court of Appeals for the 7th Circuit, President Donald Trump's nominee for the U.S. Supreme Court, is sworn in for her confirmation hearing before the Senate ...

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 ...

JURIST Special Guest Columnist Michael Serota of Georgetown Law School’s Street Law Clinic says that engaging Americans on the topic of constitutional interpretation is central to the development of ...

My greatest concern about Supreme Court nominee Neil Gorsuch is his self-proclaimed “originalist” method of constitutional interpretation. This puts him with Robert Bork, Antonin Scalia and Clarence ...

Drew Landry explores the birthright citizenship debate as the U.S. Supreme Court considers President Trump's executive order.

Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law and democracy. Justice Amy Coney Barrett’s new book, Listening to the Law, ...