“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.”
How do we learn the original meaning of the Constitution? A lot of people will say, “Just read it.” That’s an essential first step, but it’s not quite as simple as that. The Constitution is a legal document rooted in 18th-century law. It is filled with legal...
Textualism is a prominent framework for interpreting the Constitution, particularly in conservative circles. Adherents of this school generally believe you can understand the Constitution simply by reading the words in the document and determining the “plain...
Many Americans complain when the courts allow Congress and federal officials to violate the Constitution. Why does that happen? There are several reasons, but here’s one that few people appreciate: Often when judges are called on to interpret a word or phrase in the...
Most people turn to lawyers or law professors to help them understand the Constitution. The problem with this approach lies in the fact that most lawyers and law professors are J.D. impaired. So where do we turn? How can we figure out what the various clauses and...
With the new Supreme Court nomination, originalism is likely to be back in popular commentary as it was during Justice Gorsuch’s confirmation. I hope to use this time to highlight the arguments against originalism and separate the good ones from the bad ones. ...