For forty years, American constitutional theory has been viewed as a clash between originalists and non-originalists. This depiction misunderstands and oversimplifies the nature of the debate within ...

For decades, constitutional theory has been haunted by the problem of disagreement: the reality that we are deeply divided on fundamental questions of justice and the good society. Theorists have ...

I want to suggest this afternoon that it’s time to put constitutional theory as it has been done for over 60 years to rest,” constitutional scholar Erwin Chemerinsky announced as he delivered remarks ...

Originalists and living constitutionalists have been hammering away at each other for decades. But, up until recently, most living constitutionalists at least agreed that originalism qualifies as a ...

In 1987, the last time the Senate voted to reject a president’s pick for the Supreme Court, a constitutional theory seemingly went down with the nominee. Robert Bork, Ronald Reagan’s ill-fated choice, ...

Part II of The Collective-Action Constitution develops a collective-action theory of the Constitution's federal structure and identifies limits of this theory. Chapter Three examines the states' ...

The restoration of a constitutional presidency requires repudiation of the ill-conceived unitary executive theory. Untethered to anything said or done in the Constitutional Convention and the various ...

Former federal appellate Judge J. Michael Luttig assailed his former law clerk John Eastman on Thursday for advancing a far-flung legal theory that the vice president had unilateral authority to ...

TimesMachine is an exclusive benefit for home delivery and digital subscribers. About the Archive This is a digitized version of an article from The Times’s print archive, before the start of online ...

WASHINGTON – Justice Antonin Scalia (search) criticized the Supreme Court's recent decision to strike down the juvenile death penalty, calling it the latest example of politics on the court that has ...