Add to ORKGAmong the campaign promises Republicans made to voters this fall was a pledge that every piece of proposed legislation would cite the constitutional provision that authorizes it. Given lawmakers\u27 reliance on the courts to determine the constitutionality of our laws, the new majority\u27s promise could open some fascinating — and useful — debates. Chief among them: Just how should Congress interpret the Constitution
There is, of course, no single template for “Tea Party Constitutionalism,” given that it is a large,...
During my freshman seminar on the Supreme Court and the Constitution, I was fascinated by the case M...
One might easily paint a picture in which the central question debated in constitutional jurispruden...
Among the campaign promises Republicans made to voters this fall was a pledge that every piece of pr...
While the extent to which Congress ought to be involved in interpreting the Constitution has been th...
Precedent poses a notoriously difficult problem for originalists. Some decisions – so-called super p...
This study examines the arguments that members of the First Congress made with respect to original i...
The concern here is with the normative status of legislative precedents for an originalist Congress:...
In order to know whether Congress is (as the title of this panel wonders)1 the broken branch, \u272...
Two main approaches appear in the popular literature on constitutional interpretation: originalism a...
This is an Essay about the how of constitutional interpretation. Much attention has been devoted t...
The goal of originalism has always been purity. Originalists claim that their methods cleanse consti...
The debate over constitutional Originalism continues to spark scholarly controversy. The most recent...
Over the past twenty years, constitutional law has taken a decidedly historical turn, both in academ...
The attraction of an originalist approach to constitutional interpretation is understandable. It is ...
There is, of course, no single template for “Tea Party Constitutionalism,” given that it is a large,...
During my freshman seminar on the Supreme Court and the Constitution, I was fascinated by the case M...
One might easily paint a picture in which the central question debated in constitutional jurispruden...
Among the campaign promises Republicans made to voters this fall was a pledge that every piece of pr...
While the extent to which Congress ought to be involved in interpreting the Constitution has been th...
Precedent poses a notoriously difficult problem for originalists. Some decisions – so-called super p...
This study examines the arguments that members of the First Congress made with respect to original i...
The concern here is with the normative status of legislative precedents for an originalist Congress:...
In order to know whether Congress is (as the title of this panel wonders)1 the broken branch, \u272...
Two main approaches appear in the popular literature on constitutional interpretation: originalism a...
This is an Essay about the how of constitutional interpretation. Much attention has been devoted t...
The goal of originalism has always been purity. Originalists claim that their methods cleanse consti...
The debate over constitutional Originalism continues to spark scholarly controversy. The most recent...
Over the past twenty years, constitutional law has taken a decidedly historical turn, both in academ...
The attraction of an originalist approach to constitutional interpretation is understandable. It is ...
There is, of course, no single template for “Tea Party Constitutionalism,” given that it is a large,...
During my freshman seminar on the Supreme Court and the Constitution, I was fascinated by the case M...
One might easily paint a picture in which the central question debated in constitutional jurispruden...