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 ...

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 ...

AEI recently published James Stoner’s 2019 Walter Berns Constitution Day Lecture, Common-Law Originalism, and it’s a delight. Originalist constitutional interpretation is in ascendency, and “to ...

Supreme Court Justice Elena Kagan schooled Texas Solicitor General Judd Stone II on what constitutional rights are as the Court heard arguments about the state’s new anti-abortion law. Texas’s S.B. 8 ...

This is the 11th in a series of essays about the U.S. Constitution. A historian could tell a significant portion of English and American Colonial history using the Bill of Rights as a guide. A defense ...

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 ...

In early July 1985, U.S. Attorney General Edwin Meese launched a legal revolution from the tony confines of the Sheraton Washington Hotel. Speaking to the American Bar Association, he argued that “far ...

MR. BURGESS has produced a work possessing conspicuous merits and conspicuous faults. It will both command admiration and provoke criticism; and it will be fortunate if the criticism does not overcrow ...

Some eighty years ago, then professor and later Judge Jerome Frank purported to expose what he termed “the basic legal myth”–to wit, that judges decide cases by applying legal rules to the facts ...

A minor kerfuffle recently erupted in the world of academic constitutional theory over whether two ideas might be connected. The first is originalism: the idea that interpretation should recover the ...

As Donald Trump vows to deport millions of undocumented migrants, NBC’s Kristen Welker asked the president several times if he felt bound by the due process clause of the Constitution. And several ...

Evan McMullin, former chief policy director of the House Republican Conference, wrote that President Donald Trump's lawyer Alan Dershowitz "deliberately misrepresented the meaning of the ...