constitution

Puppet Theater: Behind the Right’s Originalism

This article is one half of a discussion on originalism in American jurisprudence. For its companion, which argues that originalism limits the abuse of judicial authority for political ends, click here. “This small hearing room and the little TV box that you’re looking at . . . are a little bit like the frame of […]

Originalism: The Best Alternative to Oligarchy

This article is one half of a discussion on originalism in American jurisprudence. For its companion, which argues that originalism is a cover for conservative judges to impose their policy preferences, click here. Justice Amy Coney Barrett’s nomination to the Supreme Court revived political conflict surrounding the judiciary’s proper role in American democracy. The political […]