Constitutional originalism and living constitutionalism are the 2 main theories of interpretation

Watch 2 Supreme Court justices debate how the Constitution should be interpreted

In a 2009 conversation, former Justices Antonin Scalia and Stephen G. Breyer lay out competing approaches to constitutional interpretation: Scalia's textualist, strict constructionism versus Breyer's evolutionary view of the Constitution in practice.

Debating the Constitution today

The Constitution continues to shape our political and social life today. If you want to understand how today’s political debates connect to the Constitution, check out this podcast from the National Constitution Center. The weekly program features experts from diverse perspectives and explores how constitutional principles shape modern issues.

Read through the actual text of the US Constitution

This helpful guide from the US Congress includes annotations that provide valuable insights into the background, crafting, and legacy of each article in the document. Additionally, the resource offers accessible legal analysis and interpretations.

Read the Federalist Papers—the essays that defended the proposed Constitution

Written between 1787 and 1788, the Federalist Papers—85 essays by Alexander Hamilton, James Madison, and John Jay—defended the Constitution and articulated the logic of federalism. They remain a key guide to the original interpretation of the Constitution.

The US Constitution is widely regarded as the longest-standing written national constitution still in force—see how it has influenced rights worldwide.

Explore the world's oldest constitutions

The 1789 US Constitution remains the oldest active written national constitution. Older systems exist—such as San Marino’s statutes or the Magna Carta—but they are not single, codified constitutions. See how other countries compare in this visualization.

The Constitution included compromises that still shape the US today

The creation of the Constitution necessitated numerous compromises to accommodate the diverse interests of the states. The significant compromises included resolutions on debates over representation in Congress and the status of enslaved individuals.

In the US, any court can rule on constitutionality—unlike in most other countries

In the American system, known as diffuse judicial review, federal and state courts at every level may assess whether laws comply with the Constitution, and their decisions are ultimately reviewable by the Supreme Court. Many other democracies, by contrast, reserve constitutional review to specialized constitutional courts.

Trace how the Bill of Rights, inspired by centuries of political theory, took shape between 1774 and 1789.

Early American citizenship was defined inconsistently by individual states

The original US Constitution did not define national citizenship, leaving it to the states to apply their own rules. This led to inconsistent and often exclusionary standards across the country until after the Civil War.

Hear leading experts on constitutional law discuss the legacy and impact of Marshall

In this podcast, constitutional scholars Michael Gerhardt (University of North Carolina) and Kevin Walsh (University of Richmond) analyze Marshall's 34-year tenure, assessing his role in establishing judicial review, expanding federal power, and shaping the court's institutional authority.

Amending the Constitution requires broad support

The framers created a demanding amendment process. Proposed changes require two-thirds approval in both houses of Congress and ratification by three-fourths of the state legislatures, making sure that constitutional amendments reflect a broad national consensus rather than temporary political majorities.

Read the language in the Constitution that protects religious freedom in the US

The First Amendment's religion clauses include two provisions: the establishment clause and the free exercise clause. These two parts prevent the government from endorsing any specific religion and from interfering with the free practice of religion.

See what it's like to live 'Constitutionally' for a year

In a 2023 interview on CBS Sunday Morning, author A.J. Jacobs discusses his attempt to live as closely as possible by the principles of the US Constitution for a whole year and the book that resulted from the experiment.

The necessary and proper clause of the Constitution allows Congress flexibility in governing

The Constitution authorizes Congress to pass laws needed to carry out its enumerated powers, which, over time, have become one of the Constitution's most powerful sources of federal authority.

The Founders were split on term limits during the Constitutional Convention

At the Constitutional Convention, delegates debated whether to mandate term limits. In letters, Jefferson warned that indefinite service could entrench power, while Madison argued that regular elections—not forced turnover—were the best safeguard against abuse.

The political theory of Henry David Thoreau

The two years, two months, and two days that Thoreau spent living in a modest cabin at Walden Pond informed his beliefs that people should live simply, deliberately, and become self-reliant. Those beliefs were later articulated, in a political sense, in his landmark essay, "Civil Disobedience."

The Bill of Rights was not included in the original Constitution

The Constitution was ratified before a formal list of rights was added. To avoid reopening debates, the Founders approved the core document first, then adopted the Bill of Rights as amendments. Watch this video to find out why, and how, that happened.

Justice Oliver Wendell Holmes championed the idea of speech as a 'marketplace of ideas'

In his landmark dissent in Abrams v. United States, Justice Holmes argued that the best way to combat harmful ideas is through open competition—a principle that became foundational to modern First Amendment law.

The 10th Amendment affirms that most undelegated powers remain with the states

Adopted to reassure skeptics of an overly powerful federal government, the amendment was meant to curb federal overreach and preserve state control over most everyday governance decisions.

Existentialism is a loosely defined philosophy that encouraged authentic living

The writers and thinkers often characterized as “existentialist” sometimes contradict one another. Considering that, boiling the philosophy down to a set of tenets can be difficult. Generally, those associated with existentialism were inspired by the 19th-century works of Søren Kierkegaard and Friedrich Nietzsche, and they believed that individuals needed to defy conformity and define the meaning of life for themselves.

When state and local laws conflict, state law almost always prevails

Courts generally side with state law when it conflicts with a local ordinance. Whether the contradiction is explicitly stated or merely implied by the two laws, state authority typically prevails.

China's 'One China' principle vs. the US 'One China' policy

The "One China" policy means different things to different people, but in the larger sense there are two primary interpretations: the Chinese and the American versions. Both refer to relations and contact between the mainland People's Republic of China and Taiwan/The Republic of China. This article covers the subtleties and differences between each country's approach to the "One China" principle.

What is the Overton Window?

The concept of the Overton window is an excellent framework through which to analyze why politicians talk (or avoid) certain topics and policy positions, and how ideas change over time as societal attitudes evolve.

A revocable living trust is the most common type of trust

With a revocable trust, the grantor can alter or dissolve the trust at any time. A living trust, is one that the grantor creates during their lifetime (as compared to a “testamentary” trust, which a grantor establishes in their will to be read after death).

What was the beef between Romanticism and the Enlightenment?

Would you embrace logic or lead with emotion? In the 18th century, Romanticism challenged the Enlightenment’s focus on reason, arguing that imagination, nature, and intuition held deeper truths. From literature to art, this movement reshaped culture—sparking a debate between order and passion.

Learn more about the unitary executive theory, a view of presidential power

The unitary executive theory holds that all executive authority rests with the president, giving them direct control over federal agencies. President Trump has invoked this theory to justify consolidating power and directing administrative actions without congressional input.

The rivalry between Alexander Hamilton and Thomas Jefferson centered on federalism—the question of how much power the federal government should hold relative to the states.

The original copy of the Declaration of Independence is not a pristine document, and even features a smudged anonymous handprint in the bottom left corner.

Despite being favored by 87% of Americans, Congress does not have term limits.

The story of Dollree Mapp, whose legal challenge over her 1957 conviction for possessing "obscene material" led to a major strengthening of the Fourth Amendment

Famed poet TS Eliot rejected the manuscript for George Orwell's political fable 'Animal Farm,' writing that its criticism of authoritarianism was not 'the right point of view.'

Warren Buffett's former professor Benjamin Graham is known as the 'father of value investing,' a strategy in which investors seek to buy stocks trading below their intrinsic worth.

The 19th-century painters of the Hudson River School were among the first American romantics, with portraits that displayed the natural beauty of the young country.

Gerrymandering works through two techniques: cracking opposing voters across districts to dilute their power, and packing them into a few to waste their votes in lopsided majorities.

The Brothers Grimm were lawyers before they were storytellers, and became interested in fairy tales as they began investigating how rules and customs had been passed down through cultures.

Long before Major League Baseball began allowing instant replay for balls and strikes, an umpire reluctantly used the technology to determine whether a hit was a home run, a move that inadvertently ushered in a new era for the sport.

SpongeBob exemplifies Aristotle's philosophy for living well because he understands that happiness doesn't come from external factors like money, recognition, or power.

Chaos theory—informally known as the butterfly effect—is the reason why weather forecasts are presented with probabilities rather than certainties.

Netflix profits when you're not watching, and its movies are designed that way—read a detail-rich critical essay exposing lesser-known Netflix takes

Frank Lloyd Wright's houses are historically hard to sell because they're old, subject to local landmark commissions, and often unfashionable

The word 'jazz' evolved from 'jasm,' 19th-century American slang for 'energy'

Art theft is the third-largest source of criminal revenues worldwide, thanks in part to the subjective nature of valuing a work of art.

The Great Salt Lake's distinct dual coloration results from high-salinity organisms that only live in the northern portion and produce a purple protein.

Corals are themselves not coral reefs—the term refers to the tiny marine invertebrates that build the rigid reef.

Memecoins are a type of cryptocurrency—a form of digital currency with a wide variety of uses—created around popular 'memes,' or viral internet jokes.

For centuries, it was common to sleep in two shifts: a few hours at the beginning of the night, and a longer period beginning around midnight

Hookworm infection, though risky, may help fight certain autoimmune conditions by tamping down the immune system's inflammatory response.

The first steps to rebuilding your credit score include getting to know exactly what's on your credit report and figuring out how far you are from the '700 club,' or 'good score' range.