The Big Beautiful Originalism Debate
The long-awaited originalism debate is finally here! Charles C.W. Cooke, Richard Epstein and John Yoo argue the meaning and limits of originalism, how constitutional text should be interpreted, whether long-standing practices can override original meaning, and where modern doctrines—from Article I courts to immigration policy—fit within the founding framework. It’s a spirited, clear, and tightly argued conversation about how the Constitution should function today.
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.
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The Firestorm Over Congressional Redistricting
In the end, the Court will enter the political thicket through a side door that never should have been left open in the first place.
Revisiting 'Zadvydas v. Davis' 25 Years Later
Deportable aliens have no constitutional right to avoid detention.
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