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 ...

A lecture on natural rights and American constitutionalism will air on C-SPAN 3 at 8 p.m. and midnight EST Saturday (Dec. 16) as part of the channel’s Lectures in History series. “The goal of the ...

Here are three of the most common criticisms of originalism made by non-originalists: (1) Originalism does not provide a determinate answer to contested questions—anything beyond, say, how many ...

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 ...

Constitution Day offers us an opportunity to examine BR Ambedkar’s broader conception of constitutionalism, which can be traced from his writings, speeches, social movements, and public and political ...

Abstract: The idea of an “Internet Bill of Rights” is by no means a new one: in fact, serious efforts to draft such a document can be traced at least as far back as the mid-1990s. Though the form, ...

Harvard Law School Professor Cass Sunstein, one of the nation’s leading constitutional theorists, recently wrote a column arguing that consistent application of originalism might lead to a variety of ...

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 ...