Constitutionalism

We investigate what it means to be a constitutional people who remain tethered to the rule of law.

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Supreme Court Term Preview: Presidential Power in Two Dimensions

Aaron Nielson offers a roadmap to the Supreme Court’s upcoming tests of presidential power, from interbranch conflicts to internal executive control.

Aaron L. Nielson
Constitutionalism
Nov 18, 2025

Judge Oldham's Olson Lecture: Yet Another FedSoc Debate or an Existential Challenge?

Judge Andrew S. Oldham’s Olson lecture reminds us that what worked for the Federalist Society in 1985 may not work in 2025 — and almost certainly won’t in 2065.

Josh Blackman
Constitutionalism
Nov 12, 2025

Ban the Filibuster — But Only for Continuing Budget Resolutions

Suspending the filibuster for continuing resolutions may have benefited Republicans this time, but the reform makes sense regardless of which party holds power.

Richard Epstein
Constitutionalism
Nov 12, 2025

Will the Unitary Executive Swallow the Independent Judiciary?

Hamilton’s warnings about the potential collapse of an independent judiciary may well be realized if the unitary executive theory continues to fester.

Richard Epstein
Constitutionalism
Nov 10, 2025

How Climate Litigation Imposes Back Door Carbon Taxes

Californians should object to climate taxes because they reflect the state’s most dysfunctional tendencies.

Michael Toth
Constitutionalism
Nov 6, 2025

The Localist Roots of Climate Litigation

Throughout the history of environmental law, common law claims have been the first line of defense against pollution.

Jonathan H. Adler
Constitutionalism
Nov 5, 2025

What Americans Mean By “Constitution”

Our ancestors invented something that the rest of the world has rightly admired. We need to learn to better appreciate their achievement.

Daniel E. Burns
Constitutionalism
Oct 31, 2025
Research
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The Struggle for the Shadow Dockets

Aaron L. Nielson
Constitutionalism
Oct 28, 2025

A Listening Heart

Jonathan H. Adler
Constitutionalism
Oct 27, 2025

Waging Municipal Lawfare

Doug Peterson, Michael Toth
Constitutionalism
Oct 23, 2025

What Game Are We Playing?

John Grove
Constitutionalism
Oct 23, 2025

Does Federal Law Extend to Portlandia?

John Yoo
Constitutionalism
Oct 22, 2025

Creed, Culture, and American Memory

Wilfred McClay
Constitutionalism
Oct 21, 2025
Podcasts
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Law Talk

Welcome to Law Talk with Richard Epstein and John Yoo. Our show is hosted by Charles C. W. Cooke.

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Civitas Outlook
Can Cass Sunstein Save Liberalism?

Sunstein's analysis of liberalism fails to reach the live arguments about liberalism’s viability in a diverse and democratic republic.

Civitas Outlook
A National Day of Gratitude

Washington’s Proclamation expressed hope that God would “render our national government a blessing to all the people, by constantly being a Government of wise, just, and constitutional laws, discreetly and faithfully executed and obeyed…”

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The Hidden Costs of Expanding Deposit Insurance

Expanding deposit insurance will only exacerbate financial risk and regulatory dependence, imposing costs on banks, their customers, and taxpayers. 

Daniel J. Smith
Economic Dynamism
Nov 7, 2025

Law Talk

Welcome to Law Talk with Richard Epstein and John Yoo. Our show is hosted by Charles C. W. Cooke.

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The Three Whiskey Happy Hour

Steven Hayward brings you the Power Line Blog's perspective on the week's big headlines.

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Building a Politics of Deliberation in the Tarheel State

The high price of destructive dialogue and the value of constructive engagement are among the few matters about which the coauthors of this article agree.

Leslie Winner, John Hood
Politics
Nov 28, 2025
A National Day of Gratitude

Washington’s Proclamation expressed hope that God would “render our national government a blessing to all the people, by constantly being a Government of wise, just, and constitutional laws, discreetly and faithfully executed and obeyed…”

Pursuit of Happiness
Nov 27, 2025
Can Cass Sunstein Save Liberalism?

Sunstein's analysis of liberalism fails to reach the live arguments about liberalism’s viability in a diverse and democratic republic.

Tal Fortgang
Politics
Nov 26, 2025
William F. Buckley and the Politics of Normalcy

A guiding principle of Buckley’s National Review is that conservatives are on the side of ordinary Americans, not those addled with one insane mania or another.

Politics
Nov 25, 2025