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 ...

Some conservatives have argued that illegal migration and drug smuggling across the southern border qualify as "invasion" under the Constitution. This issue is currently being litigated in two cases ...

Although the role of emotion in law has become a major field of scholarship, there has been very little attention paid to the role of emotion in constitutional theory. This Article seeks to fill that ...

In 1987, the last time the Senate voted to reject a president’s pick for the Supreme Court, a constitutional theory seemingly went down with the nominee. Robert Bork, Ronald Reagan’s ill-fated choice, ...

This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. This article is inspired by the author’s work in her book The Originalism Trap: How ...

The restoration of a constitutional presidency requires repudiation of the ill-conceived unitary executive theory. Untethered to anything said or done in the Constitutional Convention and the various ...

In recent years, allegiance to the constitutional theory known as originalism has become all but mandatory for American legal conservatives. Every justice and almost every judge nominated by recent ...

Most Broadway shows stick with Playbills. Heidi Schreck hands out take-home copies of the U.S. Constitution. Or, as her 15-year-old self calls it in her mostly one-woman performance piece, that ...

Earlier this week, Donald Trump made two sweeping claims about his executive power under the Constitution. “When somebody’s the president of the United States, the authority is total,” he declared on ...