originalism

First Principles: Debating the Constitution

Whenever there is a vacancy on the Supreme Court, the public gets a short refresher course on the judiciary and an introduction to the legal philosophies of the nominee and of the senators who must consent to the nomination. Then...

By The Editors

The Case for New Textualism

To read the other essays in the First Principles: Debating the Constitution symposium, click here. Progressives are correct to worry that the conservative account of constitutional interpretation has dominated the public discourse for the past 40 years. But the...

By Doug Kendall Jim Ryan

Geoffrey R. Stone & William P. Marshall respond

To read the other essays in the First Principles: Debating the Constitution symposium, click here. We agree with Doug Kendall and Jim Ryan that conservatives have effectively framed the national debate over constitutional interpretation. For the past 40 years,...

By Geoffrey Stone William P. Marshall