Originalism and Article III Judicial Power
One of the most difficult challenges for originalism is to determine to what extent the Constitution limits the adjudication of matters by entities other than Article III federal courts. This is an especially timely issue, because there is an important debate about...
The Relevance of the Preamble to Constitutional Interpretation
The preamble to the United States Constitution is something that is widely employed within political and theoretical arguments but is virtually never relied upon in court cases interpreting the Constitution. Is this treatment correct under the Constitution’s original...
What Does “the Place to Be Searched” Mean?
Lately, I have been exploring the original meaning of the Fourth Amendment, which I am finding to be a fascinating subject. The text of the Fourth Amendment is filled with significant interpretive questions. Let me start with an issue that grows out of the language...