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

Every major question in American public life ultimately returns to a single source of authority: the Constitution. Whether the issue concerns abortion, the scope of federal agencies, the death penalty ...

Does originalism need a moral defense? In his newly published Vaughan Lecture, Joel Alicea argues that it does: Justifying a constitutional methodology requires arguing that judges ought to employ ...

Justice Amy Coney Barrett’s new book, Listening to the Law, is an excellent read. I’ve strongly recommended it to my students and agree with Will Baude that it’s the best “single book” right now “to ...

In the late 1960s, when conservatives felt that the Warren court was tilting too far to the left, magicking up in their opinions a Constitution that did not exist, Robert Bork, the patriarch of ...

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 ...

Confirmation hearings for U.S. Supreme Court justices are an occasion for a national conversation about constitutional law and interpretation. Because Judge Neil Gorsuch is being billed as an ...

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 ...

Many oppose the nomination of Neil Gorsuch to the Supreme Court because, as one Washington Post headline trumpeted, he favors "big business, big donors and big bosses." While I agree that the values ...