Originalists and living constitutionalists have been hammering away at each other for decades. But, up until recently, most living constitutionalists at least agreed that originalism qualifies as a ...

In light of Constitution Week, Sarah Thomas reflects on the achievement of American constitutionalism by placing the US Constitution in dialogue with the French Declaration on the Rights of Man and of ...

But rarely do we take the time to consider the underlying political realities that allowed free-market economics to come into ...

Here are three of the most common criticisms of originalism made by non-originalists: (1) Originalism does not provide a determinate answer to contested questions—anything beyond, say, how many ...

Living constitutionalists argue that their methodology allows us to improve constitutional law over time. But what if it actually makes it worse? Legal scholar Ernest Young raises that very question ...

A lecture on natural rights and American constitutionalism will air on C-SPAN 3 at 8 p.m. and midnight EST Saturday (Dec. 16) as part of the channel’s Lectures in History series. “The goal of the ...

Constitution Day offers us an opportunity to examine BR Ambedkar’s broader conception of constitutionalism, which can be traced from his writings, speeches, social movements, and public and political ...

When a widely acclaimed Harvard Law School professor publishes a book that another Harvard Law professor calls “the most important book of constitutional theory in many decades,” it’s certainly worth ...

Abstract: The idea of an “Internet Bill of Rights” is by no means a new one: in fact, serious efforts to draft such a document can be traced at least as far back as the mid-1990s. Though the form, ...