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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A Window to a Real Congress

Joseph Postell
Constitutionalism
Jan 24, 2025

Trump Must Pick Judges Who Have Publicly Demonstrated Their Courage

Josh Blackman
Constitutionalism
Jan 23, 2025

Fake Convictions and Fake Pardons

Richard Epstein
Constitutionalism
Jan 14, 2025

Degraded Deliberation in the U.S. House

Philip Wallach
Constitutionalism
Jan 7, 2025

Deconstructing the Administrative State: Will This Time be Different?

Joseph Postell
Constitutionalism
Jan 3, 2025

Biden's Shakespearean End: Something Wicked This Way Comes

Paul J. Larkin
Constitutionalism
Jan 1, 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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