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Introduction

Published online by Cambridge University Press:  21 August 2025

Richard H. Fallon Jr.
Affiliation:
Harvard Law School, Massachusetts
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Summary

This chapter lays out the book’s central thesis that Supreme Court decisions changing previously prevailing interpretations of a mostly unaltered written Constitution represent the historical norm, not an exception. The chapter begins by discussing the death of Justice Antonin Scalia in February 2016 and the changes in constitutional doctrine that Scalia, who had pioneered the interpretive methodologies of originalism and textualism, had helped to bring about. The chapter also highlights changes that Scalia had urged but could not persuade a majority of his colleagues to adopt. It describes the political machinations by a Republican Senate majority in the aftermath of Scalia’s death and the similarly partisan maneuvers that resulted in the swift confirmation of a successor to the iconic liberal Justice Ruth Bader Ginsburg in 2020. Together, these developments helped produce the Court’s current supermajority of six conservative justices (out of nine), including three appointed by Donald Trump, and inaugurated a new era in constitutional history. After sketching this background, the chapter preliminarily sketches some of the book’s most important themes, including that the Supreme Court is a lawmaking institution but one that is constrained by widely shared understandings of the judicial role in ways that legislative lawmakers are not.

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Chapter
Information
The Changing Constitution
Constitutional Law in the Trump-Era Supreme Court
, pp. 1 - 17
Publisher: Cambridge University Press
Print publication year: 2025

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  • Introduction
  • Richard H. Fallon Jr., Harvard Law School, Massachusetts
  • Book: The Changing Constitution
  • Online publication: 21 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009534024.001
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Save book to Dropbox

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  • Introduction
  • Richard H. Fallon Jr., Harvard Law School, Massachusetts
  • Book: The Changing Constitution
  • Online publication: 21 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009534024.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Richard H. Fallon Jr., Harvard Law School, Massachusetts
  • Book: The Changing Constitution
  • Online publication: 21 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009534024.001
Available formats
×