Originalism

In a recent conversation at the Aspen Institute's 2011 Washington D.C.'s Ideas Forum, Justice Antonin Scalia offered some interesting observations about his theory of originalism and the meaning of the First Amendment.

WASHINGTON -- Supreme Court Justices Stephen Breyer and Antonin Scalia took their constitutional law road show to Congress on Wednesday at the invitat...

The conservative constitutional narrative is deeply unprincipled and patently wrong, both in its defense of conservative judicial ideology and in its attack on what conservatives deride as a result-oriented "liberal" jurisprudence.

Judges purporting to engage in originalist analysis often project onto the Framers their own personal and political preferences. The result is an unprincipled and often patently disingenuous jurisprudence.

Yoo's chief problem as a constitutional commentator is that his underlying constitutional analysis of presidential power is literally the opposite of what the Founders intended and wrote.

As politicians of both parties fall all over themselves denying blame for the shooting of Congresswomen Giffords and decrying the toxic political envi...

Justice Antonin Scalia says the's 14th Amendment doesn't protect women against sex discrimination. Is nostalgia to blame for this inflexible, incorrect view?

The answer to judicial overreaching is not adherence to a narrow form of originalism that would suggest the Constitution is incompatible with the demands of modern society. The framers themselves had more foresight than that.

A close look at the Supreme Court's 8-1 decision this week in Hamilton v. Lanning -- with Scalia alone, dissenting -- lays bare the fundamental fallacy of his strict constructionist claims.

The founding fathers adopted the first "individual mandate" back in 1792. It required individuals to outfit themselves with guns and ammunition, even if they had to buy those items from private sellers.

The ruling is a rare and welcome bright spot from the Roberts Court, which is prone to siding with the government and corporations against individuals asserting their constitutional rights.

Before President Obama even finished announcing Elena Kagan as his Supreme Court nominee, the RNC was up with an attack memo questioning Kagan's commitment to our Constitution.

Recent weeks have generated interesting commentary on the Supreme Court hearing on Abbott v. Abbott. The case involves the custody of a 14-year-old child whose parents divorced while living in Chile.

Justice Scalia takes umbrage at the suggestion that an eight-foot-high Christian cross, erected as a memorial to soldiers killed in military service, violates the First Amendment's Establishment Clause.