A great set of colloquies on originalism, the Federalist, and human imperfection.
Legal scholars are often accused of claiming that the Constitution fits their political views. Here are several important issues where it doesn't fit mine.
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.
The originalist case for a unitary executive falls apart in an era when many of the powers wielded by the executive branch were not originally supposed to be federal powers in the first place.
You don't have to be an originalist to conclude that the Constitution requires congressional authorization for war.