In a controversial 5-4 vote, the Supreme Court last year ruled that detainees held at the U.S. naval base at Guantanamo Bay had a right under the constitution to challenge their continued detention.
It is an argument so old it is draped in cobwebs, but Professor Winkler examines the growth of " originalism", the belief that the Supreme Court should base its rulings on the intentions of those who wrote the constitution.