The Constitution belongs not just to the courts, but to all of us. The American people can and should shape the meaning of ...
During oral argument at the Supreme Court in December over Mississippi’s abortion ban, Justice Sonia Sotomayor laid bare a fundamental truth: “There’s so much that’s not in the Constitution.” Her ...
Only Slate Plus members can gift Slate stories. Become a member to share 10 free articles a month. This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined ...
Five decades ago, originalism wasn’t even an -ism. In the academy, at the bar, and on the courts, the Constitution was interpreted as a living, breathing document. Contemporary values mattered more ...
Your institution does not have access to this book on JSTOR. Try searching on JSTOR for other items related to this book. ORIGINALISM: ITS DISCONTENTS AND THE SUPERMAJORITARIAN SOLUTION 1 ORIGINALISM: ...
The contentious Senate debate over Judge Neil Gorsuch’s nomination to the Supreme Court has cast a spotlight on deep partisan and ideological divisions in Congress – and in the public – over how the ...
A majority of Americans (55%) now say the U.S. Supreme Court should base its rulings on what the Constitution “means in current times,” while 41% say rulings should be based on what it “meant as ...
Editor's note: This is the second in a three-part series appearing on Sundays examining constitutional principles and impeachment. We hear the word "divided" a lot these days. Less often do we hear a ...
The sharp debate in Israel last year over “judicial reform” raised basic questions that arise in most democracies about constitutions: What are they meant to be and to do? Even the definition of a ...
Sen. Chuck Grassley (R., Iowa) is seen on a video display as Judge Ketanji Brown Jackson testifies on Tuesday.Jonathan Ernst/Reuters Judge Jackson distanced herself from the idea that the meaning of ...
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