Two (more) problems with originalism.
In this Essay, I wish to offer two simple points. The first is that originalist arguments misconstrue history, and the second is that there is no such thing as pragmatic originalism--to the contrary, originalism is by definition unpragmatic and at odds with legal pragmatism. To understand why...

Constituting the Constitution: understanding the American Constitution through the British cultural Constitution.
Reference is often made to the legal philosophical, and historical progenitors of the American Constitution in ideas derived from Great Britain, such as the writings of John Locke or William Blackstone, and familiar documents like the Magna Carta or The Petition of Right of 1628. Perhaps an even more...

Andrew Jackson and the Constitution: The Rise and Fall of Generational Regimes.
Andrew Jackson and the Constitution: The Rise and Fall of Generational Regimes. By Gerald N. Magliocca. Lawrence: University Press of Kansas, 2007. 186 pp. In recent years, we have seen a boomlet of interest in Andrew Jackson and the Jacksonian era, with a variety of new biographies...

Bring Constitution into the 21st century.
Byline: GUEST VIEWPOINT By Ofer Raban On June 26, the U.S. Supreme Court made a historic decision interpreting the Second Amendment as bestowing an individual right to keep and bear arms - a reading that contradicted what had been the conventional wisdom of legislators and courts for...

Legal guide for police; constitutional issues, 8th ed. (CD-ROM included).
9781593454791 Legal guide for police; constitutional issues, 8th ed. (CD-ROM included) Walker, Jeffery T. and Craig Hemmens. Anderson Publishing Co. 2008 248 pages $32.95 Paperback KF9619 Walker (U. of Arkansas, Little...

New Fla. laws on academic, family travel challenged.
The American Society of Travel Agents filed a "friend of the court" brief in the ABC Charters v. Bronson suit brought against the state of Florida by 16 travel agents specializing in travel to Cuba. ASTA, based in Alexandria, Va., argues that Florida's new Seller of Travel...

Clinging to their guns.
The Supreme Court's Boumediene decision gave us a strange new respect for the four-and-a-half (counting Kennedy) liberal justices, for reasons that William Ziegler's essay this issue explains. The court's June 26 decision in District of Columbia v. Heller, however, reminds us why we need men like Scalia and Alito...

Law's limited domain confronts morality's universal empire.
There is an ongoing debate in contemporary jurisprudence over whether law, properly conceived, is capable of incorporating morality. And this debate has its important practical analogues, especially in American constitutional law. For this is where lawyers and scholars argue about whether, for example, the guarantees of equal protection, freedom...

Political judging: when due process goes international.
ABSTRACT The Supreme Court's recent reliance on foreign precedent to interpret the Constitution sparked a firestorm of criticism and spawned a rich debate regarding the extent to which U.S. courts should defer to foreign law when developing U.S. constitutional norms. This Article looks at a subset of...

Around The Nation.
Special Philconsa meeting set Former Minister Conrado F. Estrella and Manuel "Lolong" M. Lazaro, chairman and president, respectively, of the Philippine Constitution Association (Philconsa), are inviting deans of Colleges of Law and constitutional law professors to a Special Governors and Officers Meeting of Philconsa on the 2nd...