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Donald B. Tobin (Maryland) & Alex Tobin (Lippman & Ouellette, New Haven), Living Constitutionalism, Originalism, and the Sixteenth Amendment, 77 Ala. L. Rev. 511 (2026): Th...
An interpretive method disciplines the decision-making process, but it doesn't free judges of the need to exercise judgment.
In my inaugural entry for this column, I critiqued the Supreme Court’s reliance on an abstract conception of the “separation of powers.” Because the Constitution does not contain a...
Originalism’s position seems unassailable, with both a majority of Supreme Court justices pledging fidelity to some variant of the theory, and tremendous institutional backing with...
This is the sixth of seven introductory articles on the relevance for constitutional law and the Supreme Court of the “born free and equal” clauses, which appeared in the Declarati...
This is the second part in a series for SCOTUSblog recounting two decades of constitutional change through the five editions of our casebook, the first published in 2008 and the la...
This series for SCOTUSblog will recount two decades of constitutional change through the five editions of our casebook, the first published in 2008 and the latest to be published t...
A seemingly absurd conclusion is correct.
Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff.Many critics of the Sup...
This is the third of seven introductory articles on the relevance for constitutional law of the “born free and equal” clauses, which appeared in the Declaration of Independence and...
Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff.On Oct. 5, First Monday...
His recent Wall Street Journal column on this subject makes some interesting points, but raises more questions than answers.
Congress is the strongest branch under the Constitution. It sure doesn't act like it.
Since the early days of the American Republic, political parties have been vehicles through which people of modest means can participate effectively in politics. Like churches, fam...
Adam White assesses US Supreme Court Justice Samuel Alito’s approach toward his job. [O]riginalism is the predominant judicial methodology for the Supreme Court, the lower courts,...
Our final installment to track the changes in constitutional law.
Unwise policies are not always unlawful policies.
This is the fifth of seven introductory articles on the relevance for constitutional law and the Supreme Court of the “born free and equal” clauses, which appeared in the Declarati...
The conservative justice seems to favor the kind of results-oriented judging that originalists are supposed to oppose.
The Constitution is the foundation of law in America. It is the Supreme Court’s job to decide if laws from Congress agree with the Constitution. The president’s job is to see that...
September 17 is Constitution Day, the anniversary of the 1787 signing by delegates to the Philadelphia Convention of the document that still governs us. This bulwark richly merits...
Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff.***This is the fourth a...
"People tend to think the times they are living in are the most unprecedented and unpredictable, but that is rarely the case."
This is the fourth of seven introductory articles on the relevance for constitutional law and the Supreme Court of the “born free and equal” clauses, which appeared in the Declarat...
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