Ascendant during the Reagan era, originalists argued that the Constitution should be interpreted according to its original ...

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, ...

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 ...

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 ...

Last year, more than 40,000 people were killed by guns in the United States. Gun violence is now the No. 1 killer of children in America, and every month, about 70 American women are murdered by ...

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 ...

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, ...

My essay, Originalism and the Positive Turn, is now online at the Liberty Law Forum. It responds to Steven Smith's essay (my previous post on Smith is here; my post on Mike Rappaport's response is ...

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 ...

My recent exchange with Michael Ramsey about originalism and laws banning interracial marriage turned on the point that the original meaning of the Fourteenth Amendment more clearly bans such laws if ...