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 ...

The Trump Administration Should Articulate and Defend Its Tariff Game Plan RFK Jr. Is Right About ‘Gender-Affirming Care’ 2025: A Year in Reading Audio By Carbonatix Some critics of originalism fault ...

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 ...

Should the U.S. Constitution be interpreted and applied according to the original meaning of its text? On June 11, 2018, two leading constitutional legal scholars, Georgetown's Randy Barnett and ...

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 ...

Is originalism a morally empty jurisprudence? For decades, various scholars working within the natural-law tradition have argued that the answer is “yes.” To these scholars, because originalism ...

Sen. Chuck Grassley (R., Iowa) is seen on a video display as Judge Ketanji Brown Jackson testifies on Tuesday. (Jonathan Ernst/Reuters) Judge Jackson distanced herself from the idea that the meaning ...

Joseph D. Steinfield is an attorney living in Keene and Jaffrey. He can be reached at [email protected]. The Preamble to the Constitution explains the document was intended to promote “the general ...

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 ...