Originalism

Article III Notes

Historical Absence and Constitutional Interpretation

Vol. 139 No. 8 June 2026 Originalism — a school of constitutional interpretation defined by the pursuit of the Constitution’s original meaning — has long been celebrated and criticized for its forceful prescriptions for...

Second Amendment Blog Essay

The Second Amendment’s Liberal Moment

May 27, 2026 The Second Amendment was designed to protect the people and the states from a tyrannical and unrepresentative central government. Excavating this history today is...

Fabrice Guyot-Sionnest

Legal History Book Review

“Alas”

Vol. 139 No. 6 April 2026 Whether written or unwritten, young or old, constitutions can't compel the construction of institutions of the enforcement of checkpoints any more than maps can create fences, checkpoints, or border patrols. And yet constitutions are powerful; they produce effects.

Evan D. Bernick

First Amendment Notes

Constitutional Interpretation Book Review

Snails, Trains, and Pragmatist Claims

Vol. 138 No. 4 February 2025 Introduction A high school biology teacher was traveling on a train from Nantes to Paris. She had with her, in a wicker basket, twenty...

Historical Absence and Constitutional Interpretation

The Second Amendment’s Liberal Moment

“Alas”

Liberty of Conscience, Political Process Theory, and Founding-Era Free Exercise

United States v. Duarte

The Compatibility of Substantive Canons and Originalism

Fighting Words at the Founding

Lara v. Commissioner Pennsylvania State Police

Bianchi v. Brown

Snails, Trains, and Pragmatist Claims