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 ...

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, ...

The Hollow Core of Constitutional Theory: Why We Need the Framers, by Donald L. Drakeman (Cambridge University Press, 248 pp., $32) Donald L. Drakeman’s 2020 book, The Hollow Core of Constitutional ...

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 ...

Every major question in American public life ultimately returns to a single source of authority: the Constitution. Whether the issue concerns abortion, the scope of federal agencies, the death penalty ...

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 ...

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 ...

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 ...

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, ...