Constitutionalism

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

Latest

Justice Gorsuch’s Warning

'Slaughter' may have rid us of the headless fourth branch of government, but it might end up leaving us with an all-powerful presidency.

Joseph Postell
Constitutionalism
Jul 22, 2026

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

The fatal flaw in Professor Denno’s argument is that she would elevate political philosophy above the original understanding of the constitutional text.

John Yoo
Constitutionalism
Jul 21, 2026

The End of Independent Agencies

"We have tolerated adventurous theories long enough. It is time to return, all the way, to the Constitution." 

Jonathan H. Adler
Constitutionalism
Jul 21, 2026

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

The American people, as a distinct political community, must consent to the admission of new members through naturalization or other lawful means.

Linda Denno
Constitutionalism
Jul 20, 2026

What the Heller?

What Has the Second Amendment Accomplished in Eighteen Years?

Josh Blackman
Constitutionalism
Jul 15, 2026

Originalism and the 'Barbara' Dissenters

When one steps back and assesses the methodological approach of 'Barbara' dissenters, it’s clear that it was, at its core, originalist.

Elias Neibart
Constitutionalism
Jul 14, 2026

Consumer Protection Lawyers Chasing Climate Change Bonanza

The Supreme Court doesn’t need to reach the consumer protection issue in 'Suncor.'

Todd Zywicki
Constitutionalism
Jul 6, 2026
Research
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United States v. Lopez at 30: The Court’s Federalism Revolution Didn’t Happen

Aaron L. Nielson
Constitutionalism
Dec 1, 2025

Supreme Court Term Preview: Presidential Power in Two Dimensions

Aaron L. Nielson
Constitutionalism
Nov 18, 2025

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

Josh Blackman
Constitutionalism
Nov 12, 2025

Ban the Filibuster — But Only for Continuing Budget Resolutions

Richard Epstein
Constitutionalism
Nov 12, 2025

Will the Unitary Executive Swallow the Independent Judiciary?

Richard Epstein
Constitutionalism
Nov 10, 2025

How Climate Litigation Imposes Back Door Carbon Taxes

Michael Toth
Constitutionalism
Nov 6, 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
What Is Wrong with Americans?

Tocqueville warned us against binding ourselves together under the allures of soft despotisms.

Civitas Outlook
Justice Gorsuch’s Warning

'Slaughter' may have rid us of the headless fourth branch of government, but it might end up leaving us with an all-powerful presidency.

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