The original meaning gives birthright citizenship to the U.S.-born children of undocumented migrants, even though its drafters didn't realize it would. This is my fourth guest-post (of five) about my ...

Thanks to Eugene and the Volokh Conspiracy for inviting me to guest blog about my article Originalism and Birthright Citizenship (forthcoming in the Georgetown Law Journal). The article investigates ...

Originalism has reached great heights since it first came about in the 1970s as an obscure legal theory. Most current Supreme Court justices use originalism in their legal reasoning. Adherents believe ...

・Professor Morgan Marietta predicts a shift towards originalism in the Supreme Court's approach this term, marking a departure from 'living Constitutionalism' to an interpretation focused on the ...

Originalism—the idea that the meaning of each provision of the United States Constitution becomes fixed at the time of its enactment—in its contemporary form traces back to the advocacy of a few ...