Originalism teaches only that the Constitution’s original meaning is fixed; meanwhile, of course, new applications of that meaning will arise with new developments and new technologies. Consider a few ...

These days, everyone wants to be an originalist. But in Trump v. Barbara, the birthright-citizenship case at the Supreme Court, not everyone is doing originalism well. Alas, the Trump administration ...

If you describe yourself as a liberal or a progressive, that probably means you have a low opinion of originalism, the school of constitutional thought that is closely identified with the conservative ...

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 ...

The text and historical context of the Constitution provide liberals with ample opportunities to advance their own vision of America. Ponnuru might be right about conservatives’ rhetorical success, ...

This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. Originalism is now the dominant approach to constitutional interpretation for the Republican ...

Criticisms of originalism are nothing new. The frequency and intensity of originalism’s critics, however, have multiplied since the latest blockbuster Supreme Court decisions on gun rights and ...

In a Politico article yesterday, reporter Josh Gerstein states that a “rift is emerging among the Supreme Court’s conservatives” over how the Court “should … use ‘history and tradition’ to decide ...