Constitutionalism

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

Latest

Our American Legal Tradition Is Not the Warren Court’s Tradition

Most Americans today have no living memory of the world before the Warren and Burger Courts.

Josh Blackman
Constitutionalism
Jun 15, 2026

How to Shorten SCOTUS Oral Argument

Why not give the Justices an allotment of “extra” time to spend as they will across the term?

Aaron L. Nielsen
Constitutionalism
Jun 12, 2026

The Fifth Circuit’s Chance to Expose the Inflation Reduction Act’s Unconstitutionality

Despite the mounting evidence of harm, the Medicare Drug Price Negotiation Program remains law — and the Justice Department continues to defend it in federal court.

Jeff Stier
Constitutionalism
Jun 10, 2026

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
Research
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Deregulating the University on Sex and Age

Richard Epstein
Constitutionalism
Feb 20, 2025

Father of the Originalist Legal Revolution

Hon. William H. Pryor, Jr.
Constitutionalism
Feb 19, 2025

A Call for Legislative Statesmanship

Joseph Postell
Constitutionalism
Feb 17, 2025

Trump's Constitutional Triad: Speech, Conscience, and Family

Andrea Picciotti-Bayer
Constitutionalism
Feb 14, 2025

Four Questions and Few Answers About the Invasion Clause

Josh Blackman
Constitutionalism
Feb 13, 2025

To Fire or Not To Fire?

Richard Epstein
Constitutionalism
Feb 12, 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
America’s Clausewitz: William Tecumseh Sherman’s Meditations on the Nature of War

Sherman was America’s foremost, if unwitting, interpreter of the Prussian military theorist Carl von Clausewitz.

Civitas Outlook
Properly Honoring Slavery’s End

Designating Juneteenth as the federal holiday for emancipation is not only politically motivated but is historically imprecise.

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