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 ...
It is arguably the three most powerful words in history, “we the people.” Our country’s founders, 235 years ago, came to Philadelphia and ratified the Constitution of the United States of America, and ...
Not so long ago, originalism seemed safely contained. Ascendant during the Reagan era, originalists argued that the Constitution should be interpreted according to its original meaning, but when ...
Something like the idea animating The Collective-Action Constitution—or a narrower, more implicit, and more intuitive version of it—has been around for a long time and has been articulated in many ...
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 ...
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.
Paul G. Summers is an attorney. He formerly served as an appellate and senior judge, district attorney general, and attorney general of Tennessee. Editor's note: This is a regular feature on issues ...