Via Open To Debate-- Originalism is a way of interpreting the Constitution. In the past, the legal theory referred to framer’s intent, but the contemporary, prevailing view of originalism is that it ...

Does James Talarico Realize He’s Running to Represent Texas? Audio By Carbonatix Some critics of originalism fault it on natural-law grounds. Their critiques are wanting. Constitutional theorists on ...

The legal building blocks for AI personhood already exist, scattered across corporate law, animal rights cases, and First ...

This is the 11th in a series of essays about the U.S. Constitution. A historian could tell a significant portion of English and American Colonial history using the Bill of Rights as a guide. A defense ...

Some eighty years ago, then professor and later Judge Jerome Frank purported to expose what he termed “the basic legal myth”–to wit, that judges decide cases by applying legal rules to the facts ...

Before his vote to acquit the president in the impeachment trial, Senator Lamar Alexander suggested that, while holding military aid to Ukraine was improper, the Framers of the Constitution would not ...

There has been some originalist debate of late about the proper reading of the Citizenship Clause of the Fourteenth Amendment. The fate of the Trump administration's executive order excluding new ...

The Declaration adopted on 24 September 2012 by the United Nations General Assembly at the High-level Meeting on the Rule of Law at the National and International Levels reaffirmed that "human rights, ...

Conventional wisdom instructs courts to prioritize text’s “ordinary meaning.” But this Feature's “contextual textualism” method ...

In the coming weeks, the Supreme Court is likely to release decisions in a number of cases that will fundamentally impact the lives of millions. But we don’t need to wait until nine elite lawyers in ...