In his latest book, law professor David A. Strauss attacks the idea of originalism and champions the “living Constitution.” Matt Franck explains why he’s wrong.
Author: Matthew J. Franck (Matthew Franck)
Americans appear to accept same-sex marriage more than they really do, perhaps because they believe it to be more widely accepted than it really is.
Even same-sex marriage advocates should recognize the bad logic in the ruling overturning Proposition 8.
The latest decision from our judicial overlords on same-sex marriage spells trouble for republican constitutionalism and the institution of marriage.
Why we shouldn't listen to calls to get rid of the filibuster.
Millions of Americans believe that states can prohibit abortion in the third trimester, yet current Supreme Court jurisprudence has manufactured a right to unfettered abortion right up to the time of the child’s birth. How did Americans become so confused on this issue and how did the Supreme Court end up where it has?
If we want to lower the stakes of winner-take-all Supreme Court battles, we must search for justices who reject the notions of judicial activism and judicial supremacy. The second in a two-part series.
Judicial supremacy is inimical to the separation of powers, to republicanism, and even to constitutionalism and the rule of law. The upcoming confirmation hearings for Sonia Sotomayor should force citizens to reconsider the place of the Court in our political life. The first in a two-part series.
The Supreme Court of Iowa’s decision to redefine marriage abandons reason and replaces it with feelings as the standard of public consensus.