Constitutional Interpretation

Conundrums of Constraint: United States v. Rahimi and the Future of the Bruen Test

July 21, 2024

On June 21, the Supreme Court decided United States v. Rahimi, overturning the Fifth Circuit’s application of the newly minted test for evaluating the.

A Simple Way to Protect Domestic Violence Orders Against the Next Constitutional Challenge

July 3, 2024

Media reports of the Supreme Court’s decision this June in United States v. Rahimi have stated that the Court upheld the federal ban on.

Trading Jabs Over Tradition

June 28, 2024

Tradition. It’s the talk of the town — especially in originalist circles. But what role should it play in constitutional argument? Even fellow originalists.

Methodological Convergence in Community Financial Services

Response to Community Financial Services and the Intramural Debate over Novelty and Tradition May 26, 2024

My colleague, Thomas E. Nielsen, just published a thought-provoking post detailing some of the methodological approaches at play in CFPB v. Community Financial Services.

The Second Coming of Political Liberalism

Vol. 137 No. 7

Introduction The constitutional settlement of the United States is coming undone at the seams. The U.S. Supreme Court is on a crusade to revisit.

Originalism Makes Sense: A Response

Response to A Thought Experiment: Does Originalism Make Sense? April 15, 2024

A colleague of mine, In Kyu Chung, recently wrote a Blog post titled “A Thought Experiment: Does Originalism Make Sense?” He answers that question.

A Thought Experiment: Does Originalism Make Sense?

April 15, 2024

Imagine that the people yesterday gathered to draft a new Constitution, which includes a First Amendment that says: “The government shall not abridge the.

Reform Congress, Not the Court

Vol. 137 No. 6

“A Law unto Himself”: Free Exercise, (Un)equal Value, and the Future of Public Accommodations

Vol. 137 No. 5

Introduction Addressing the nation in 1963, President Kennedy declared that “the right to be served in facilities which are open to the public . . . [is] an.

Moore than Meets the I.R.C.? The Apportionment Rule’s Originalist Backstop for I.R.C. § 877A

Vol. 137 No. 4

Renunciation of U.S. citizenship is no trivial act. For most, it requires leaving the country, appearing before a consular or diplomatic officer, signing an.