Why an originalist might think the same right can mean different things against the state and federal governments after all
Forthcoming Article on "Overturning a Catch-22 in the Knick of Time: Knick v. Township of Scott and the Doctrine of Precedent"
The article explains why the Supreme Court was justified in overruling longstanding precedent in this important recent constitutional property rights case.
An old argument against "flexible and changeable interpretation."
When and How Can Lower-Court Judges Be Originalists?
If Kavanaugh is a committed originalist, you would never know it based on his complacent behavior in Timbs v. Indiana.
Strong originalist arguments exist for overruling the dual sovereign doctrine in a case being argued before the Supreme Court today.
Legal scholar Eric Segall argues originalism doesn't qualify as a constitutional theory because originalists disagree on too many things. His case is overstated. But if it's correct, the same criticism applies to living constitutionalism.
Living constitutionalists argue that their methodology allows us to improve constitutional law over time. But what if it actually makes it worse? Legal scholar Ernest Young raises that very question in an important new article.
Plus: Southern border will see more troops than Iraq, Syria.
First thoughts on Jonathan Gienapp's The Second Creation: Fixing the American Constitution in the Founding Era
Efforts on both right and left to make the democracy-promotion the key focus of constitutional law should be rejected.
I discuss the Kavanaugh nomination, originalism, and much more with Professors Dan Epps and Ian Samuel.
The National Constitution Center summarizes contributions to the ongoing debate over the constitutionality of the Space Force - including a new Congressional Research Service report on the subject.
The issue was recently raised by legal scholar Michael Dorf, and goes back to earlier debates about whether originalism implies that the Air Force is unconstitutional.
Jonathan Adler says he's "supremely qualified," an originalist, and a critic of the administrative state. But he's a cipher when it comes to defendants' rights.
Law professors Randy Barnett and Michael Dorf argued over "originalism" at an event hosted by the Soho Forum.
Some originalists believe that following the original meaning of the Constitution is intrinsically valuable, while others support it only for instrumental reasons. The difference between the two approaches has important implications.
You don't have to be an originalist to conclude that the Constitution requires congressional authorization for war.