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 ...

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 ...

The Hollow Core of Constitutional Theory: Why We Need the Framers, by Donald L. Drakeman (Cambridge University Press, 248 pp., $32) Donald L. Drakeman’s 2020 book, The Hollow Core of Constitutional ...

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 ...

Originalism teaches only that the Constitution’s original meaning is fixed; meanwhile, of course, new applications of that meaning will arise with new developments and new technologies. Consider a few ...

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 ...