Topic
Originalism
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 -
ArticleVol. 102 · Iss. 6
A “New” New Departure
In the wake of enactment of the Fourteenth and Fifteenth Amendments, women’s rights activists embarked on an exercise in popular constitutionalism known as “the…
Paula A. Monopoli -
Online2026
Birthright Citizenship of Child Born to Enemy Alien Visitors
This is the story of Mogridge v. United States, in which the United States asserted, and a multinational commission held, that a child born…
John Vlahoplus & Michael L. Rosin -
Online2024
What’s Left of the Suspension Clause After Jones v. Hendrix?
In 2000, Marcus DeAngelo Jones was convicted of two counts of unlawful possession of a firearm. As a convicted felon, Jones was prohibited from…
Tom Jordan -
ArticleVol. 102 · Iss. 2
The Original Meaning of Equity
Equity is seeing a new wave of attention in scholarship and practice. Yet, as this Article argues, our current understanding of equity is divided…
Asaf Raz -
ArticleVol. 102 · Iss. 1
The Original Meaning of the Sixteenth Amendment
The Sixteenth Amendment to the United States Constitution enshrines Congress’s “power to lay and collect taxes on incomes, from whatever source derived.” Challenges to…
John R. Brooks & David Gamage -
ArticleVol. 101 · Iss. 3
“Religion,” Before Darwin
The First Amendment singles out “religion” for special treatment, but the boundaries of that concept have always been difficult to describe. Nevertheless, there is…
James Toomey -
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 -
NoteVol. 100 · Iss. 3
Actions Speak Louder Than Words: Compelled Biometric Decryption is a Testimonial Act
Abstract Most Americans can open their personal device using only their finger, not to type the password, but as the password itself. Using features…
Aubrey Zimmerling -
CommentaryVol. 88 · Iss. 2
Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation
Written in the form of a fictional memo by Counsel to the President, Ray Politik, this commentary offers a reply to a fictional opening statement…
Neil J. Kinkopf -
NoteVol. 96 · Iss. 5
Confronting Forfeiture
Phil Parhamovich was pulled over on I-80 in Wyoming. He had changed lanes improperly, and his seat belt was not fastened. Seven hundred seventy-five…
Joshua Katz -
ArticleVol. 96 · Iss. 5
Eviscerating a Healthy Church-State Separation
In its recent ruling in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court took an extraordinary step in a remarkably…
Erwin Chemerinsky & Barry P. McDonald