For as long as the U.S. Constitution has existed, Americans have appealed to the history of its creation to interpret its meaning. But only since the advent of originalism—the well-known constitutional theory that requires interpreting the Constitution today in accordance with its original meaning—has historical study been so immediately implicated by constitutional interpretation. Despite potential, though, for meaningful exchange between originalists and historians, little has taken place. That originalism plays an ever-growing role in contemporary political culture only makes the lack of dialogue all the more unfortunate
Much has been written about originalism - the idea that the Constitution should be interpreted accor...
The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders...
This Article seeks to situate the constitutional culture\u27s heavy reliance on the Convention debat...
For as long as the U.S. Constitution has existed, Americans have appealed to the history of its crea...
Toward that end, this Foreword addresses three matters. First, it considers why the use of history i...
Originalist jurisprudence, which enjoins a faithful adherence to the values enshrined in the late ei...
The goal of originalism has always been purity. Originalists claim that their methods cleanse consti...
Originalist jurisprudence, which enjoins a faithful adherence to the values enshrined in the late ei...
With some apologies for a vast degree of oversimplification, let us stipulate that there are two mai...
The debate over constitutional Originalism continues to spark scholarly controversy. The most recent...
Debates over “originalism” have been a central focus of contemporary constitutional theory for three...
There is a sharp separation between the scholarly literature of originalists and professional histor...
What truly separates an historical inquiry, however, from an originalist inquiry is the degree by wh...
The U.S. Constitution embodies a conception of democratic sovereignty that has been substantially fo...
Originalism is not about the text. Though the theory is often treated as a way to read the Constitut...
Much has been written about originalism - the idea that the Constitution should be interpreted accor...
The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders...
This Article seeks to situate the constitutional culture\u27s heavy reliance on the Convention debat...
For as long as the U.S. Constitution has existed, Americans have appealed to the history of its crea...
Toward that end, this Foreword addresses three matters. First, it considers why the use of history i...
Originalist jurisprudence, which enjoins a faithful adherence to the values enshrined in the late ei...
The goal of originalism has always been purity. Originalists claim that their methods cleanse consti...
Originalist jurisprudence, which enjoins a faithful adherence to the values enshrined in the late ei...
With some apologies for a vast degree of oversimplification, let us stipulate that there are two mai...
The debate over constitutional Originalism continues to spark scholarly controversy. The most recent...
Debates over “originalism” have been a central focus of contemporary constitutional theory for three...
There is a sharp separation between the scholarly literature of originalists and professional histor...
What truly separates an historical inquiry, however, from an originalist inquiry is the degree by wh...
The U.S. Constitution embodies a conception of democratic sovereignty that has been substantially fo...
Originalism is not about the text. Though the theory is often treated as a way to read the Constitut...
Much has been written about originalism - the idea that the Constitution should be interpreted accor...
The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders...
This Article seeks to situate the constitutional culture\u27s heavy reliance on the Convention debat...