Constitutionalism

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

Latest

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

The Curse of 'Penn Central'

A Supreme Court that has undone Roe v. Wade and Chevron should be willing to remove the curse of Penn Central.

Richard Epstein
Constitutionalism
May 21, 2026

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

Freedom points beyond itself to a moral life of deliberate conformity to the moral laws of nature and the will of God.

Constitutionalism
May 19, 2026

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

The Declaration is not a historical argument — it is a philosophical one, a claim about what human nature requires, not merely about what was once practiced or understood.

Constitutionalism
May 19, 2026
Research
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The Arc of Justice Alito

Constitutionalism
Apr 7, 2026

The Government Schools Persist in Mandating Gender Ideology

Sarah Parshall Perry
Constitutionalism
Mar 26, 2026

The Temptation of the Inferior “Imperial Judiciary”

Josh Blackman
Constitutionalism
Mar 17, 2026

Major Questions Doctrine and Its Bipartisan History

Aaron L. Nielson
Constitutionalism
Mar 16, 2026

Trump’s Tariff Tantrum

Richard Epstein
Constitutionalism
Feb 25, 2026

The Administrative State’s Sludge

Aaron L. Nielson
Constitutionalism
Feb 24, 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
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.

Civitas Outlook
AI Governance by Phone Call

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