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 ...

The Richard J. Childress Memorial Lecture at Saint Louis University School of Law brought together legal scholars and practitioners on October 25, 2024, to explore constitutional interpretation in ...

The full title of Erwin Chemerinsky’s book says it all: Worse Than Nothing — The Dangerous Fallacy of Originalism. Chemerinsky, the dean of Berkeley Law School, tells readers that the doctrine of ...

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 ...

Alison LaCroix: A majority of the US Supreme Court’s justices have embraced “originalist” and “textualist” methods of constitutional interpretation. Moreover, the Court recently developed what it ...

Conservatives are, by and large, thrilled by the Supreme Court’s recent decisions. It has expanded its conception of gun rights that states have to respect, and ruled that states have to include ...

Assuming that “history and tradition is essentially the same thing as originalism,” Bush asserted that “the viability of the history and tradition method actually will turn on the development of new ...