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 ...

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 ...

Originalism is often countered by the idea that the Constitution is a living, breathing document meant to be interpreted and changed along with the times. Jill Lepore is a historian at Harvard ...

"Jonathan Gienapp seeks to use the historian’s tools to challenge originalism, but in the process he neglects the text of the Constitution itself." Recently, Jonathan Gienapp published a new book that ...

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 ...

Sunstein has produced an extraordinary work that manages to be challenging but accessible to both specialists and nonlawyers. Its core idea is that because the U.S. Constitution offers no instructions ...

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 ...

When a widely acclaimed Harvard Law School professor publishes a book that another Harvard Law professor calls “the most important book of constitutional theory in many decades,” it’s certainly worth ...

This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. The following is lightly adapted from the author’s new book, The Year of Living ...

Stephen Breyer means well. Why is his new book, “Reading the Constitution,” so exasperating? By Jennifer Szalai When you purchase an independently reviewed book through our site, we earn an affiliate ...

Two hundred and fifty years after Americans declared independence from Britain and began writing the first state constitutions, it’s not the Constitution that’s dead. It’s the idea of amending it.