“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
“Originalism” means applying the Constitution as the Founders understood it. Originalism is just a modern name for how English and American judges and lawyers have read most legal documents for at least 500 years (pdf). By respecting the understanding behind a...
Bruce Ledewitz is a very smart man who teaches constitutional law at Duquesne University in Pennsylvania. He recently wrote an article for the Philadelphia Inquirer—also reproduced in other news outlets. In his article, he contends that the Supreme Court’s decision...
Six years ago, I wrote a post about how the Supreme Court’s website adopted the language of the Living Constitution approach. (I had been expanding on a post by Eugene Volokh.) It was curious that Justices Scalia and Thomas, as well as other fellow travellers of...
The confirmation hearings for Supreme Court justice nominee Neil Gorsuch have reinvigorated the debate about how to properly interpret the Constitution. The nominee’s reputation as an “originalist” has progressives whipped up into frenzy and once again aggressively...
by Timothy Baldwin I find it very interesting and disturbing to see how a constitution can be used to trap and enslave the people of the states into a statically fixed and inflexible union, along with an alleged supremacy of federal laws over state sovereignty, when...