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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it.
In Keeping Faith with the Constitution, three legal...

First Amendment defenders greeted the Citizens United ruling with enthusiasm, while electoral reformers recoiled in disbelief. Robert Post offers a constitutional theory that seeks to reconcile these sharply divided camps, and explains how the case might've been decided in a way that would preserve free speech and electoral integrity.