Spring 2024

Is It Time to Amend the Constitution?

Political scientist Peter Irons once wrote a book about people who took their constitutional claims to the Supreme Court. They included Mary Beth Tinker, who successfully challenged her school board’s policy barring her from wearing a black armband to protest …

For the past two decades conservative legal theorists have propagated two right-wing approaches to law. Most public attention has focused on the theory of “original intent” as a guide to interpreting the Constitution. In the law schools, though, the theory …