Five decades ago, originalism wasn’t even an -ism. In the academy, at the bar, and on the courts, the Constitution was interpreted as a living, breathing document. Contemporary values mattered more ...

During U.S. Supreme Court Justice Stephen Breyer's four-plus decades on the federal bench (1980-2022), a new method of constitutional interpretation based on purported neutral principles gained ...

Originalism is often countered by the idea that the Constitution is a living, breathing document meant to be interpreted and changed along with the times. Jill Lepore is a historian at Harvard ...

History professor Jonathan Gienapp criticized constitutional originalism for its insufficient understanding of the period in which the Constitution was written at his Tuesday talk, titled “History and ...

One of the greatest honors of my career has been receiving the inaugural 2022 Edwin Meese III Originalism Award. My lecture was titled Originalism and Stare Decisis in the Lower Courts. The winners in ...

Last Friday, the Supreme Court confirmed what common sense suggests should be true: In United States v. Rahimi, the court ruled 8-1 that a federal law restricting domestic violence offenders subject ...

The Atlantic Daily, a newsletter that guides you through the biggest stories of the day, helps you discover new ideas, and recommends the best in culture. Sign up for it here. Lepore writes: “One of ...