Topic
History and Tradition
Posts
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ArticleVol. 103 · Iss. 3
“Original History” and the Free Exercise Case for Religious Charter Schools
Only rarely is it publicly known which Supreme Court Justice holds the decisive vote on a blockbuster issue because the other eight have already…
Aaron Tang & Ethan Hutt -
Online2025
The Wrong Level of Generality: Misapplying Bruen to Young-Adult Firearm Right
Three relatively recent appellate opinions—McCoy v. ATF, National Rifle Ass’n v. Bondi, and Rocky Mountain Gun Owners v. Polis—upheld modern restrictions on 18-to-20-year-old adults’…
George A. Mocsary -
ArticleVol. 102 · Iss. 6
History, Tradition, and the Franchise
Over the last several years, Fourteenth Amendment jurisprudence in the Supreme Court has undergone a dramatic shift. Once the doctrinal bedrock for unenumerated rights,…
Brandon J. Johnson -
ArticleVol. 101 · Iss. 1
The Territories Under Text, History, and Tradition
In two of its major decisions in the 2021–2022 Term, New York State Rifle & Pistol Ass’n v. Bruen and Dobbs v. Jackson Women’s…
Andrew Willinger -
ArticleVol. 101 · Iss. 1
Judicial Moral Prophecy
American judges decry past moral lapses as intolerable. They paint their predecessors’ worst mistakes as tragedies that must never be allowed to happen again.…
Daniel B. Rice -
ArticleVol. 95 · Iss. 6
A Half-Hearted Defense of the Categorical Approach
One of Professor Magarian’s more impressive achievements in Managed Speech is paying the Roberts Court the compliment of providing a theory that runs through…
Chad Flanders -
ArticleVol. 92 · Iss. 5
The Limits of Second Amendment Originalism and the Constitutional Case for Gun Control
The Supreme Court’s 2008 ruling in District of Columbia v. Heller, 554 U.S. 570 (2008), reshaped decades of Second Amendment precedent and jurisprudence. Using…
Lawrence Rosenthal -
ArticleVol. 97 · Iss. 6
Untangling Entanglement
The Court has increasingly signaled its interest in taking a more historical approach to the Establishment Clause. And in its recent American Legion decision, the Supreme…
Stephanie H. Barclay -
ArticleVol. 97 · Iss. 6
First Amendment Traditionalism
Traditionalist constitutional interpretation takes political and cultural practices of long age and duration as constituting the presumptive meaning of the text. This Essay probes traditionalism’s conceptual…
Marc O. DeGirolami -
ArticleVol. 97 · Iss. 6
Taking Stock of the Religion Clauses
After a few decades of relative quiet, the Supreme Court has in recent years focused once again on the religion clauses and related statutes.…
John Inazu