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Originalism today is predominant yet divided. Courts regularly invoke original meaning, but originalist scholars still debate what interpretation itself requires. At the center of...
Donald B. Tobin (Maryland) & Alex Tobin (Lippman & Ouellette, New Haven), Living Constitutionalism, Originalism, and the Sixteenth Amendment, 77 Ala. L. Rev. 511 (2026): Th...
Supreme Court is strengthening the world’s greatest governing charter
In United States v. Rahimi, the Supreme Court denied that the Second Amendment is “a law trapped in amber.” That metaphor has now exploded onto constitutional law, appearing in six...
A Constitution that divides power among three branches and between the federal government and the states needs an umpire. Politicians, responding either to their own interest in ex...
The U.S. constitutional order has been miraculously successful. It has endured, it has adapted and it has been the foundation for unsurpassed prosperity and material advance. The w...
A potential new approach to state constitutional law.
During the last century, the Commerce Clause has replaced the Taxing Clause as an excuse for federal legislation.
He explains his interpretive method and defends it against a hostile biographer-and his high-school English teacher.
Some provisions of the Constitution enjoy far more attention than others. At the Supreme Court, for example, it is a rare term that doesn’t have a case involving the First, Second,...
When you lack historical context, refuse to read the Constitution for yourself, and instead listen to right-wing provocateurs, this is how you end up disappointed—and how you end u...
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...
Anyone watching the Supreme Court this past term may have remarked on the frequency with which the justices talk about fossilized tree resin. Consider:The court in Trump v. Cook: “...
It is no secret that, thanks to Justice Antonin Scalia, originalism is on the rise. This is true not only on the Supreme Court and the federal judiciary in general, but among state...
The conservative justices see 'originalism' as a guiding principle to prevent judges from changing the Constitution to adjust to changing times. But that flipped this year.
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...
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...
Τα Συντάγματα δεν είναι παιδιά της ομαλότητας. Γεννιούνται έπειτα από επαναστάσεις, πολέμους, πολιτειακές ανατροπές. Η επιβίωσή τους, ωστόσο, εξαρτάται από τη δεξιότητά τους να εγγ...
Philip Hamburger explores the implications of a major recent US Supreme Court ruling. When Donald Trump fired a Joe Biden–appointed member of the Federal Trade Commission, Rebecca...
Introduction The Hon’ble Supreme Court, in R.J. Gajendra Kumar v. Government of Tamil Nadu & Anr., 2026 INSC 911, has reiterated that amendments to Government Orders (“GOs”) mo...
The Supreme Court was comfortable overturning an executive order, but if the White House and Congress passed legislation, it would be two branches against one.
Vincent Rougeau, President of the College of the Holy Cross and former dean of Boston College Law School, has penned a provocative essay in America: The Jesuit Review wondering whe...
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