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Originalism

Helping Others Think: A Tribute to Edwin M. Yoder, Jr. at 80

Joel K. Goldstein | Posted 09.17.2014 | Media
Joel K. Goldstein

All of these works have enriched my life, and invite rereading, and I commend them to those who have not yet experienced Ed's help in shaping their thinking and the enjoyment that inevitably comes from reading his work.

Punctuation Marks, Antonin Scalia, and the Farce of 'Originalism'

Steven Conn | Posted 09.06.2014 | Politics
Steven Conn

Pretending that reading a document like the Constitution is a simple, transparent and an entirely objective and neutral task is naïve at best, intellectually dishonest at worst.

The NSA, Planned Parenthood and Your Right to Privacy

Steven Conn | Posted 05.02.2014 | Politics
Steven Conn

Not a week seems to go by without more revelations about how the NSA (or recently the UK's GCHQ) monitors our electronic communications. Who knew that all the time I waste watching old movie clips on YouTube was so interesting to the guardians of our national security.

Paul Blumenthal

Elizabeth Warren: 'We Face A Clear Danger' On Campaign Finance

HuffingtonPost.com | Paul Blumenthal | Posted 09.27.2013 | Politics

WASHINGTON -- Sen. Elizabeth Warren (D-Mass.) warned Thursday that a coming Supreme Court case that could ultimately eliminate certain campaign contri...

Originalism: The Dark Misunderstanding

Deedee Freedberg | Posted 07.29.2013 | Politics
Deedee Freedberg

At the time of his now crucial rejection by the senate, Robert Bork's importance did not fully reach me. I knew him only as Solicitor General, third o...

Guns, Grenades and Graffiti

Alex Glashausser | Posted 07.14.2013 | Politics
Alex Glashausser

Sandblasting the Constitution to restore its actual text reveals that it lacks the absolutes urged by the graffiti artists. There is no right to bear any particular arm.

It's Not a Mystery When State Laws Prohibiting Same-Sex Couples From Marrying "Became Unconstitutional"

Elizabeth B. Wydra | Posted 05.26.2013 | Politics
Elizabeth B. Wydra

It may have taken us 100 years to get it right with respect to race-restrictions on the freedom to marry, but it doesn't mean those laws weren't unconstitutional in 1868. The same is true, nearly 150 years after the ratification of the Fourteenth Amendment, for laws that deny gay and lesbian couples the freedom to marry.

An 18th Century Constitution in a 21st Century World

Dan_Weiss | Posted 03.05.2013 | Politics
Dan_Weiss

Perhaps it is naïve to think we can get all the guns off the street. But it is clear that we can no longer afford to be stifled by originalist thinking when it comes to discussing gun laws and that is exactly what groups like Gun Owners of America would like to do.

The Founding Prophets

Emmett Rensin | Posted 03.04.2013 | Politics
Emmett Rensin

When we allow quoting the Constitution to stand in for a legitimate rebuttal, we diminish our ability to think critically about our nation and its laws.

Justice Scalia, Originalism and the First Amendment

Geoffrey R. Stone | Posted 12.13.2011 | Politics
Geoffrey R. Stone

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.

Mike Sacks

Two Justices Took Their Show To The Senate

HuffingtonPost.com | Mike Sacks | Posted 12.05.2011 | Politics

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

The Framers' Constitution

Geoffrey R. Stone | Posted 11.12.2011 | Politics
Geoffrey R. Stone

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.

The Demise of "Originalism"

Geoffrey R. Stone | Posted 08.05.2011 | Politics
Geoffrey R. Stone

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.

Obama, War Powers, and Yoo

Robert J. Spitzer | Posted 05.28.2011 | Politics
Robert J. Spitzer

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.

Don't Blame the Tea Party (at Least Not for This... )

Erica Payne | Posted 05.25.2011 | Politics
Erica Payne

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

Justice Scalia's Constitutional Nostalgia

Andrea Lyon | Posted 05.25.2011 | Politics
Andrea Lyon

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

Why Michael Gerson Misunderstands Originalism

William P. Marshall | Posted 05.25.2011 | Politics
William P. Marshall

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.

Obama's Unacceptable Replacement for Justice Stevens: Jesus Christ (esq.)

Rob Kutner | Posted 05.25.2011 | Comedy
Rob Kutner

The shoulder pads in John Paul Stevens' robe haven't even cooled yet, but the President has already found a replacement with even more divisive and liberal credentials: Jesus H. Christ.

Scalia's "Textualism" Is Really "The Text According To Scalia"

Elizabeth B. Wydra | Posted 05.25.2011 | Politics
Elizabeth B. Wydra

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' "Individual Mandate"

Adam Winkler | Posted 05.25.2011 | Politics
Adam Winkler

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.

Court Sides With Kids Sentenced to Life in Epic Battle Over Our Constitutional Rights

Chris Cassidy | Posted 05.25.2011 | Politics
Chris Cassidy

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.

Thurgood Marshall, Elena Kagan, and Our Constitution Today

Doug Kendall | Posted 05.25.2011 | Politics
Doug Kendall

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.

Thoughts on International Law in US Courts: Our Constitution or Blackstone's?

Tricia Perry | Posted 05.25.2011 | Politics
Tricia Perry

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's Cross

Geoffrey R. Stone | Posted 05.25.2011 | Politics
Geoffrey R. Stone

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.