Constitutionalism

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

Latest

Farewell to the President’s New East Wing

Both Congress and the President have acted in violation of the public trust doctrine.

Richard Epstein
Constitutionalism
Aug 14, 2026

The Constitution and Birthright Citizenship: A Rejoinder to Professor Yoo

Foreigners can come to America and become “Americans” not by their mere presence on American soil but by embracing the principles upon which this country was founded.

Linda Denno
Constitutionalism
Aug 13, 2026

A Theory of Natural Rights Citizenship Must Comport with the Constitution’s Text

The fundamental problem with political theorists interpreting the Constitution is that they are not interpreting it. Instead, they are using the Constitution to advance a political theory.

John Yoo
Constitutionalism
Aug 13, 2026

Fauci Without the Fifth

Just how good was his COVID-era advice?

Richard Epstein
Constitutionalism
Aug 10, 2026

Regulating AI: Is the Rule of Law Possible?

The stakes of the AI race are too high to enact a framework rife with pitfalls that will inevitably result in legal challenges and political disputes, outcomes that do little other than assist our adversaries.

Kevin Frazier
Constitutionalism
Aug 6, 2026

What a Packed Court Could Have Done in One Year

Thanks to the principled thought and dedicated efforts of former Attorney General Edwin Meese III, Justice Antonin Scalia, the Federalist Society, and many others, originalism has become the dominant interpretative theory on the Supreme Court.

J. Marc Wheat, Davison Drumm
Constitutionalism
Aug 6, 2026

The Best Escape from the U.S. Attorney Mess

The process for appointing U.S. Attorneys is sputtering, but there is a way out of this mess.

Aaron L. Nielson
Constitutionalism
Jul 29, 2026
Research
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Fighting Anti-Semitism from the Bench

Roy Altman, Josh Blackman
Constitutionalism
Jul 27, 2026

Justice Gorsuch’s Warning

Joseph Postell
Constitutionalism
Jul 22, 2026

The Common Law and Citizenship in the Constitution: A Response to Linda Denno

John Yoo
Constitutionalism
Jul 21, 2026

The End of Independent Agencies

Jonathan H. Adler
Constitutionalism
Jul 21, 2026

The Constitution, Birthright Citizenship, and a Self-Governing Republic

Linda Denno
Constitutionalism
Jul 20, 2026

What the Heller?

Josh Blackman
Constitutionalism
Jul 15, 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
Jimmy Lai: Apostle for Freedom

Jimmy Lai represents the best of what Hong Kong was.

Civitas Outlook
Farewell to the President’s New East Wing

Both Congress and the President have acted in violation of the public trust doctrine.

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