The meaning of the constitutional text is fixed when each provision is framed and ratified:
this claim can be called the Fixation Thesis. This thesis is one of two core ideas of originalist …

This Article demonstrates that constitutional provisions rarely if ever have uniquely correct"
original public meanings" that are sufficiently determinate to resolve disputed constitutional …

Although the US Supreme Court refused to recognize education as a fundamental right in
San Antonio Independent School District v. Rodriguez, the Court in several other cases has …

This article examines the persisting obstacles American women face in the workforce, for
example, gender bias and gender stereotyping. These microaggressive behaviors create …

Appeals to history, and to the authority of decisions made in the past, occur nearly
ubiquitously in constitutional law. For the most part, these appeals occasion little specific …

Legal scholars describe Article V of the US Constitution, which sets forth rules for amending
the document, as an uncommonly stringent and specific constitutional provision. A …

Precedent poses a notoriously difficult problem for originalists. Some decisions thought
inconsistent with the Constitution's original public meaning are so well baked into …

ABSTRACT The Supreme Court of the United States based its landmark decision in Shelby
County v. Holder on the proposition that the Constitution contains" a fundamental principle of …

Abstract The Supreme Court has interpreted the Equal Protection Clause as a formal
equality mandate. In response, legal scholars have advocated alternative conceptions of …

ABSTRACT McDonald v. City of Chicago (2010), which applied the Second Amendment to
the states, marked the first time in its history that the Supreme Court cited an African …