In this new year's trends, it’s out with originalism and in with “Common Good Constitutionalism” or CGC for short.

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 ...

The U.S. Supreme Court's new term is here, offering new opportunities for the justices to remake our constitutional rights in the name of history. In its last two terms alone, the court did just that ...

This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. Originalism is now the dominant approach to constitutional interpretation for the Republican ...

The merits and pitfalls of originalist interpretation of the US Constitution were the focus at the November 19 installment of ...

America is being led astray by a small handful of folks who are drunk-driving on originalism—and not in a funny Marx Brothers, spin-around-in-circles-and-all-fall-down sort of way. No, it’s in a ...

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 ...

If you describe yourself as a liberal or a progressive, that probably means you have a low opinion of originalism, the school of constitutional thought that is closely identified with the conservative ...

In a Politico article yesterday, reporter Josh Gerstein states that a “rift is emerging among the Supreme Court’s conservatives” over how the Court “should … use ‘history and tradition’ to decide ...

Gregory J. Sullivan says the Supreme Court’s originalist majority has betrayed the originalist project in their Second Amendment cases, which, he says, are a cover for the “exercise of raw judicial ...

Last year, more than 40,000 people were killed by guns in the United States. Gun violence is now the No. 1 killer of children in America, and every month, about 70 American women are murdered by ...

An obscure ideology most people have never heard of is dominating almost every aspect of American life. Nearly every important Supreme Court ruling by the conservative majority — from abortion to ...