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 ...

The United States Constitution remains one of the highest protections of individual freedoms; however, these rights remain frequently ignored, eroded, or denied despite protections for current and ...

During her 2010 Senate confirmation hearings, centrist-liberal Supreme Court Justice Elena Kagan famously allowed that “we are all originalists.” In a 2015 interview at Harvard Law School honoring her ...

Alison LaCroix: A majority of the US Supreme Court’s justices have embraced “originalist” and “textualist” methods of constitutional interpretation. Moreover, the Court recently developed what it ...

Conservatives are, by and large, thrilled by the Supreme Court’s recent decisions. It has expanded its conception of gun rights that states have to respect, and ruled that states have to include ...

Following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturning Roe v. Wade, attention turned to the potential for rights protection by state courts ...

History professor Jonathan Gienapp criticized constitutional originalism for its insufficient understanding of the period in which the Constitution was written at his Tuesday talk, titled “History and ...