Constitutionalism
We investigate what it means to be a constitutional people who remain tethered to the rule of law.
Latest
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.
The End of Independent Agencies
"We have tolerated adventurous theories long enough. It is time to return, all the way, to the Constitution."
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.
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.
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Justice Clarence Thomas, "Remarks on the 250th Anniversary of the Declaration of Independence"
Trump Refights the “War” That Congress and the Burger Court “Waged” Against President Nixon’s Tapes
The Many Myths of Birthright Citizenship
Supreme Court Justly Skeptical of Trump Administration’s Anti-Birthright Citizenship Executive Order
The Arc of Justice Alito
Getting Right With Scalia