What would America's Constitutions have looked like if each generation wrote its own? "The earth belongs...to the living, the dead have neither powers nor right
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wan
Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they
The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal govern