Topic
Originalism
Posts
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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. 91 · Iss. 6
The Constitution According to Justices Scalia and Thomas: Alive and Kickin’
No one expects Supreme Court Justices to be completely consistent across the vast range of emotionally charged and controversial constitutional law issues they are…
Eric J. Segall -
CommentaryVol. 89 · Iss. 1
Toward a Reality-Based Constitutional Theory
Despite the alleged triumph of legal realism and the empirical turn of closely related fields such as judicial behavior, a startling number of constitutional…
Andrew Coan