Not so long ago, originalism seemed safely contained. Ascendant during the Reagan era, originalists argued that the Constitution should be interpreted according to its original meaning, but when ...
This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. The following is lightly adapted from the author’s new book, The Year of Living ...
"In this work, Keith Richotte explores Native American tribal constitutional history in order to, as he argues, decenter the U.S. federal actors, laws, and policies from the study of tribal ...