Garrett Epps

Garrett Epps, a former reporter for The Washington Post, is a novelist and legal scholar. He teaches courses in constitutional law and creative writing for law students at the University of Baltimore and lives in Washington, D.C. His new book is Wrong and Dangerous: Ten Right Wing Myths About Our Constitution.

What Clarence Thomas's Video-Games Dissent Tells Us About 'Originalism'

What Clarence Thomas's Video-Games Dissent Tells Us About 'Originalism'

The Justice's interpretation of the Constitution is one of pick-and-choose history More »

Constitutional Myth #5: Corporations Have the Same Free-Speech Rights as Individuals

Constitutional Myth #5: Corporations Have the Same Free-Speech Rights as Individuals

The problem isn't "corporate personhood"; it's simple-minded interpretation that refuses to take note of the real function of the First Amendment More »

Obama's Bush-Like Approach to Executive Power

Obama's Bush-Like Approach to Executive Power

The president's reasons for skirting the War Powers Resolution sound an awful lot like his predecessor's justifications for torture More »

Constitutional Myth #4: The Constitution Doesn't Separate Church and State

Constitutional Myth #4: The Constitution Doesn't Separate Church and State

America's Founding Fathers may not have included the phrase, but the history is clear—they never wanted a Christian nation More »

Constitutional Myth #3: The 'Unitary Executive' is a Dictator in War and Peace

Constitutional Myth #3: The 'Unitary Executive' is a Dictator in War and Peace

The idea that the President's powers aren't limited by Congress is a radical—and dangerous—trend More »

Constitutional Myth #2: The 'Purpose' of the Constitution Is to Limit Congress

What really drives this idea today isn't legal theory; it's the political fear that the people of the United States will enact progressive legislation More »

Constitutional Myth #1: The Right Is 'Originalist,' Everyone Else Is 'Idiotic'

Constitutional Myth #1: The Right Is 'Originalist,' Everyone Else Is 'Idiotic'

Justice Scalia and certain other conservatives deny that America's Founding Fathers left any room for interpretation in the Constitution More »

The Arizona Origins to the Top 10 Constitutional Myth List

The Arizona Origins to the Top 10 Constitutional Myth List

It all began with a speech to the state's House Democratic Caucus More »

America's 10 Biggest Constitutional Myths

America's 10 Biggest Constitutional Myths

A parlor game for a summer of crisis More »

Will Ken Cuccinelli's Health-Care Challenge Be Sidelined?

Will Ken Cuccinelli's Health-Care Challenge Be Sidelined?

After Tuesday's proceedings in federal appeals court, the case of the Virginia attorney general may be poised to fall More »

Should Obama Seize Constitutional Power?

Should Obama Seize Constitutional Power?

A thought experiment: How the president could maximize his imperial authority by invoking the Constitution -- just like his predecessors More »

Our National Debt 'Shall Not Be Questioned,' the Constitution Says

Our National Debt 'Shall Not Be Questioned,' the Constitution Says

In a time that increasingly resembles the Great Depression, Congress shouldn't play politics with raising our debt ceiling More »

The Speech Obama Could Give: 'The Constitution Forbids Default'

The Speech Obama Could Give: 'The Constitution Forbids Default'

A law professor imagines how the president could confront the controversy over raising the debt ceiling More »

How Da Vinci Code 'Originalism' Misreads the Citizenship Clause

How Da Vinci Code 'Originalism' Misreads the Citizenship Clause

A selective reading of the Constitution lets politicians find meaning where there is none More »

VOPA v. Stewart: The Real Conservatism of Justice John Roberts

VOPA v. Stewart: The Real Conservatism of Justice John Roberts

In today's case about a state agency's right to sue state government, the chief justice channels King Lear in a dramatically right-wing dissent More »

Trump's Birther Libel and American History

Trump's Birther Libel and American History

Barack Obama is not the first African American politician to have his birthright questioned. Meet Hiram Revels, the first black senator. More »

Justice Elena Kagan Speaks to America's Main Street

Justice Elena Kagan Speaks to America's Main Street

She may be the Supreme Court's baby at 50, but her first dissent already demonstrates a quotably distinctive voice More »

Barbary War III: The Case for Congressional Authorization

Barbary War III: The Case for Congressional Authorization

Why wouldn't Barack Obama seek Congress's approval to intervene in Libya? Doing so would be good for the war effort, good for the nation, and good for Obama. More »

Cuccinelli Spokesman: Epps Lacks 'Professionallism' (Sic)

Cuccinelli Spokesman: Epps Lacks 'Professionallism' (Sic)

The attorney general's communications office has responded to my recent piece More »

How Ken Cuccinelli Distorts the Meaning of 'Liberty'

How Ken Cuccinelli Distorts the Meaning of 'Liberty'

In the world of the Virginia attorney general, does it include the freedom to think, research, and write? More »

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