California seems to be a place where the nation’s most progressive state court is forced to cool down the nation’s most combustible voters. In 1964, Californi ans overwhelmingly approved amendments to ...

The beginning of President Donald Trump’s second term has been marked by a surge in executive orders, some of which have generated intense political and legal debates. At the time of publication, ...

Via Open To Debate-- Originalism is a way of interpreting the Constitution. In the past, the legal theory referred to framer’s intent, but the contemporary, prevailing view of originalism is that it ...

Some critics of originalism fault it on natural-law grounds. Their critiques are wanting. Constitutional theorists on the right are engaged in a debate about the moral foundations of originalism, the ...

In a new paper, I examine, along with a co-author (James Heilpern), whether "subject to the jurisdiction" would have had a familiar legal meaning to lawyers in the mid-nineteenth century, and if so ...

History professor Jonathan Gienapp criticized constitutional originalism for its insufficient understanding of the period in which the Constitution was written at his Tuesday talk, titled “History and ...