Independence Day
Poet Ehrhart questions how our Declaration of Independence can be true, even as the nation moved toward democracy, perhaps a warning that Constitutional originalism is equally absurd.
The Constitutional Case for Disarming the Debt Ceiling
The Framers would have never tolerated debt-limit brinkmanship. It’s time to put this terrible idea on trial.
books
An Obituary for Originalism
Los Angeles Review of Books
This book is a detailed critique of the judicial philosophy to which the current majority of the Supreme Court of the United States adheres.
The Left Needs To Take Back the Constitution
The Nation
A new book argues that the Constitution is best understood as a document calling for the unashamed struggle for equality.
This Right-Wing U.S. Supreme Court Is the New King George III
Common Dreams
Our most fundamental rights are being trampled by a tyrannical, unaccountable, and unelected force.
Originalism Run Amok at the Supreme Court
Brennan Center for Justice
Originalism, as used by this Court, just provides cover for a right-wing political agenda. It is a threat to democracy.
The Supreme Court’s Faux ‘Originalism’
Politico
The conservative Supreme Court's favorite judicial philosophy requires a very, very firm grasp of history — one that none of the justices seem to possess.
Let's Stop Treating the Constitution Like the Da Vinci Code
The Atlantic
The Congressional Research Service points out two things that are missing in Canning: precedent and practicality. A quick glance at a dictionary written more than a quarter-century before the Framing, in another country, was enough to sweep away any counterarguments -- most particularly the argument that, whatever words the Framers may have chosen, they were designing a government that would work, not one that would fall apart whenever 40 senators felt grumpy.
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