Constitutionalism gives us the expectation of governance according to rules that everyone from those that are governed to the ones that govern are expected to ...

In this new year's trends, it’s out with originalism and in with “Common Good Constitutionalism” or CGC for short.

Dr. Doerfler and Dr. Moyn teach law at Harvard and Yale. When liberals lose in the Supreme Court — as they increasingly have over the past half-century — they usually say that the justices got the ...

The politics of 21st-century America has overflowed with constitutional controversies. From debates about war and emergency powers to litigation over health care, marriage, religious liberty, ...

Adrian Vermeule is a rarity: a self-described conservative in the legal academy. The Tyler Professor of Constitutional Law at Harvard, he displayed his talents on March 31 in an Atlantic essay ...

One action or law that violates the letter or established interpretation of the Constitution may simply be unconstitutional, but a series of brazen actions, unlicensed assertions of power that ...

Most of us know what it means for something to be unconstitutional. An unconstitutional act is one that violates some aspect of the Constitution as understood by the courts, although the public and ...

Here are three of the most common criticisms of originalism made by non-originalists: (1) Originalism does not provide a determinate answer to contested questions—anything beyond, say, how many ...

When she was a 16-year-old student at Avenues, a private school in New York, Olivia Eve Gross started what was probably America’s first high school law review. Now a recent graduate of the University ...

This week, the United Kingdom’s Supreme Court heard arguments over whether Prime Minister Boris Johnson unlawfully misinformed the queen when he asked to suspend Parliament for five weeks in order to ...

Richard Calland is a partner in political risk consultancy, The Paternoster Group, and is a member of the Advisory Council of the Council for the Advancement of the South African Constitution (CASAC).