One reason judges make mistakes about the Constitution
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...
How to Interpret the Constitution, and How Not to
How does one properly interpret the U.S. Constitution? Is originalism just a codeword used by “conservatives” to interpret it in the same manner as “liberals” who view it as a “living, breathing document?” Michael Stokes Paulsen sets out to answer those questions in...
Understanding the Constitution: Strict Construction, Textualism, and Originalism
Reporters and opinion writers often classify Supreme Court justices as “originalists,” “textualists,” or “strict constructionists.” And they often misuse those terms. For example, a Dec. 9 column in Slate treated all three terms as synonymous. That’s entirely wrong....