The essay explores how the debate on constitutional interpretation evolved in the four years of Trump Presidency thanks to the contribution of Justices appointed by the outgoing President. To this end, the essay addresses Justices’ arguments, with a view to detect their stance on constitutional interpretation within the broader context of the Court’s debate on the matter. The Author argues that the newly appointed Justices’ views on constitutional interpretation impacts especially on two issues that are far from being settled within the Court: a) the relationship between originalism and textualism and b) the interplay between theories of constitutional interpretation and the principle of stare decisis in constitutional case law
We have come to an important crossroad in constitutional law. Academic commentators are calling for ...
When do, and when should, actors other than judges interpret the Constitution? Over time, this quest...
This article examines the relationship between Politics and Law in U.S. Supreme Court decision-makin...
The essay explores how the debate on constitutional interpretation evolved in the four years of Trum...
In this Essay, I want to offer initial thoughts on what the Trump presidency is likely to mean for c...
Over the past several years, constitutional law scholars have struggled to repudiate what many see a...
[Excerpt] In a 2016 lecture at the Case Western Reserve University School of Law, Judge Neil Gorsuc...
The United States Supreme Court is increasingly forsaking its role as legal interpreter for the role...
The three books reviewed in this essay are recent contributions to the growing literature of constit...
Although it is impossible to determine the future of constitutional dialogue, it is clear that the t...
This Note will be primarily divided into three main sections. Part I of this Note will begin by disc...
Constitutional Theory is at the center of legal and political debates in the United States. In recen...
Throughout U.S. history, the Judicial Branch has issued controversial rulings that have had large im...
(Excerpt) During President Trump’s term in office, the Senate confirmed nearly 250 of his federal ju...
(Excerpt) Over seventy years ago, United States Supreme Court Justice Robert H. Jackson accurately p...
We have come to an important crossroad in constitutional law. Academic commentators are calling for ...
When do, and when should, actors other than judges interpret the Constitution? Over time, this quest...
This article examines the relationship between Politics and Law in U.S. Supreme Court decision-makin...
The essay explores how the debate on constitutional interpretation evolved in the four years of Trum...
In this Essay, I want to offer initial thoughts on what the Trump presidency is likely to mean for c...
Over the past several years, constitutional law scholars have struggled to repudiate what many see a...
[Excerpt] In a 2016 lecture at the Case Western Reserve University School of Law, Judge Neil Gorsuc...
The United States Supreme Court is increasingly forsaking its role as legal interpreter for the role...
The three books reviewed in this essay are recent contributions to the growing literature of constit...
Although it is impossible to determine the future of constitutional dialogue, it is clear that the t...
This Note will be primarily divided into three main sections. Part I of this Note will begin by disc...
Constitutional Theory is at the center of legal and political debates in the United States. In recen...
Throughout U.S. history, the Judicial Branch has issued controversial rulings that have had large im...
(Excerpt) During President Trump’s term in office, the Senate confirmed nearly 250 of his federal ju...
(Excerpt) Over seventy years ago, United States Supreme Court Justice Robert H. Jackson accurately p...
We have come to an important crossroad in constitutional law. Academic commentators are calling for ...
When do, and when should, actors other than judges interpret the Constitution? Over time, this quest...
This article examines the relationship between Politics and Law in U.S. Supreme Court decision-makin...