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 ...

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, ...

Although the role of emotion in law has become a major field of scholarship, there has been very little attention paid to the role of emotion in constitutional theory. This Article seeks to fill that ...

Since then, liberals have engaged in a constitutional strategy of getting to five justices – tailoring their arguments to the court’s “swing” justice – whether it was Potter Stewart, Lewis Powell Jr., ...

In the report, Mr. Mueller and his team explicitly rejected a legal theory advanced by Attorney General William Barr in a legal memo he wrote while still in the private sector that cast a shadow over ...

Ottawa County Commissioners Joe Moss, left, and Sylvia Rhodea ran for the positions vowing they would 'thwart tyranny' in the community. Evan Cobb for The Washington Post via Getty Images Declaring ...

As the government heads toward a possible default on its debt as soon as next month, officials are entertaining a legal theory that previous administrations ruled out. By Jim Tankersley Reporting from ...

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 ...

Washington — "Incredibly disruptive." Wreaking "havoc." "Potentially damaging for American democracy." Those are just some of the characterizations of a legal theory that is at the center of a case ...