Originalism, the Fourth Amendment, and New Technology
One of the important issues for originalism is whether it can be applied to new circumstances that were not envisioned at the time of the original Constitution. Perhaps this issue is encountered most often when considering the application of the Fourth Amendment to...
Does Impeachment Require a Crime?
Popular commentary is suddenly awash with articles claiming that impeachment (and conviction and removal from office) do not require proof of a crime. Examples include Ezra Klein at Vox (“High Crimes and Misdemeanors,” explained), Elizabeth Drew in USA Today (You...
The Challenge of Naming the Modern Originalist Movement
One sign of the success of an academic movement, like originalism, is that it becomes attractive enough to develop multiple theories that promote the movement in different ways. The existence of these different theories has advantages. The various theories provide...