Constitutionalism

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

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How the Zelman Decision Revitalized Religious Freedom

'Zelman v. Simmons-Harris' catalyzed a judicial recovery of the founding vision for the Establishment Clause and, more broadly, the relationship between church and state.

Ryan Bangert
Constitutionalism
Jun 4, 2026

Scalia’s Revolution

We still live in Scalia's judicial universe.

Tal Fortgang
Constitutionalism
Jun 3, 2026

The Roberts Court Needs To Reboot The Machinery Of Death

The Roberts Court should reboot the machinery of death, and get the judiciary out of its interminable quagmire.

Josh Blackman
Constitutionalism
Jun 2, 2026

Originalism and Its Adversaries

While living constitutionalists on the left remain deeply involved in the fight against originalism, some prominent figures on the right have joined that fight.

John G. Malcom
Constitutionalism
May 29, 2026

A Warning to Quorum Breakers

If absence goes on long enough, there may be serious consequences—including removal from office.

Aaron L. Nielson
Constitutionalism
May 27, 2026

When Can a Crass Political Remark Be Deemed an Indictable “Threat of Violence”?

What is an indictable “threat of violence”?

Paul J. Larkin
Constitutionalism
May 22, 2026

Struck By Lightning Fifty Years Later: The Court’s Broken Promise on the Death Penalty

The Supreme Court has become the source of the very arbitrariness it set out to eliminate.

Craig S. Lerner
Constitutionalism
May 21, 2026
Research
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The Curse of 'Penn Central'

Richard Epstein
Constitutionalism
May 21, 2026

What Happiness Ought We Pursue? Natural Rights and the Declaration of Independence

Constitutionalism
May 19, 2026

Pursuing the Right to the Pursuit of Happiness in the Twenty-First Century

Constitutionalism
May 19, 2026

The Supreme Court Was Right to Ban Race-Based Gerrymandering

David Lewis Schaefer
Constitutionalism
May 18, 2026

One Toke Over the Line

Paul J. Larkin
Constitutionalism
May 14, 2026

The “Science Charade” After 'Chevron'

Aaron L. Nielson
Constitutionalism
May 12, 2026
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
How the Zelman Decision Revitalized Religious Freedom

'Zelman v. Simmons-Harris' catalyzed a judicial recovery of the founding vision for the Establishment Clause and, more broadly, the relationship between church and state.

Civitas Outlook
The Active Dead

Helprin’s refusal to flatter the tastes of our prize-encrusted literary establishment merits three cheers from thinking people on the right.

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