In recent years, allegiance to the constitutional theory known as originalism has become all but mandatory for American legal conservatives. Every justice and almost every judge nominated by recent ...

My review of Adrian Vermeule's new book Common Good Constitutionalism in the Claremont Review of Books is now posted. You can download it here. There was more in the ...

Last year, Hugo Chavez amended Venezuela's constitution and abolished term limits. The entire business was a bit odd, but not because the constitution was changed, which is quite common in Latin ...

Abstract: The idea of an “Internet Bill of Rights” is by no means a new one: in fact, serious efforts to draft such a document can be traced at least as far back as the mid-1990s. Though the form, ...

Every major question in American public life ultimately returns to a single source of authority: the Constitution. Whether the issue concerns abortion, the scope of federal agencies, the death penalty ...

When a widely acclaimed Harvard Law School professor publishes a book that another Harvard Law professor calls “the most important book of constitutional theory in many decades,” it’s certainly worth ...

Living constitutionalists argue that their methodology allows us to improve constitutional law over time. But what if it actually makes it worse? Legal scholar Ernest Young raises that very question ...

Here are three of the most common criticisms of originalism made by non-originalists: (1) Originalism does not provide a determinate answer to contested questions—anything beyond, say, how many ...

Why do so many of President Trump’s multitudinous executive orders fly in the face of extant legal principles? Are they the result of incompetence? Is the administration laying the groundwork for test ...

Dr. Doerfler and Dr. Moyn teach law at Harvard and Yale. When liberals lose in the Supreme Court — as they increasingly have over the past half-century — they usually say that the justices got the ...

Environmental constitutionalism has become a widespread phenomenon: this is where environmental rights and obligations are incorporated into national constitutions. But now a group of nations is ...

Daniel Lansberg-Rodriguez directs entrepreneurial development programs for the Sucre municipal government in Caracas, Venezuela. He is a graduate of Carleton College and the Harvard Kennedy School.