Clinical Professor Miller William Baude, the Harry Kalven Jr. Professor of Law, and Judith Miller, Clinical Professor of Law ...

It says something that originalism -- a widely accepted legal theory -- can be fairly used as a serious academic vehicle for racism. Conservatives who subscribe to this theory should wrestle with that ...

Some theories of originalism privilege elite understandings of the Constitution, while others emphasize those of ordinary people. There are serious arguments for both elitist and populist versions ...

It is patently clear now (if it weren’t all the way back to the dueling historical narratives in Heller) that this is an ...

Originalism has been the reigning constitutional theory of legal conservatives since the election of Ronald Reagan, but in a March 2020 essay in the Atlantic, Vermeule called on legal ...

Scholars Who Attack ‘Originalism’ Should Know What It Means Historians and literature profs without real knowledge are weighing in on legal debates.

Originalism's commitment to formalism and rule-of-law values isn't incompatible with commitments to the framers' wisdom, the structure of the enactment process, or the idea of popular sovereignty.

Originalism rests, at bottom, on our moral obligation to secure the common good and the attendant obligation to preserve legitimate political authority.

Originalism is now the dominant approach to constitutional interpretation for the Republican appointees to the Supreme Court, at least when originalism suits the ideological agenda of the modern ...

So, in the end, I don’t think the sense/reference argument–which is really just an argument that we give less weight to founding-era understandings than we might otherwise–saves originalism ...

Originalism was a destructive approach to constitutional interpretation in 1987, when Robert Bork was rejected for a seat on the Supreme Court. It is no more legitimate or desirable today.