Constitutionalism

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

Latest

Supreme Court Justly Skeptical of Trump Administration’s Anti-Birthright Citizenship Executive Order

President Trump appears due for another disappointment.

Constitutionalism
Apr 7, 2026

The Arc of Justice Alito

Samuel Alito will go down in history as a consequential Supreme Court justice. His life story is emblematic of the forces that motivated and shaped the conservative legal movement, which is now the dominant force in American law.

Constitutionalism
Apr 7, 2026

The Government Schools Persist in Mandating Gender Ideology

The volume and pace of federal litigation on these policies indicate there is no softening of the collective mind on transgenderism within the education industrial complex.

Sarah Parshall Perry
Constitutionalism
Mar 26, 2026

The Temptation of the Inferior “Imperial Judiciary”

This status quo is not sustainable. Either the President will retain his role as the chief of the executive branch, or he will not. Either the Supreme Court will retain its position as the Supreme Court, or it will not.

Josh Blackman
Constitutionalism
Mar 17, 2026

Major Questions Doctrine and Its Bipartisan History

Administrative law is important because it provides the framework for so many significant fights about policy. Unfortunately, it is also often misunderstood.

Aaron L. Nielson
Constitutionalism
Mar 16, 2026

Trump’s Tariff Tantrum

Trump leaps from the frying pan into the fire in the aftermath of Learning Resources v. Trump.

Richard Epstein
Constitutionalism
Feb 25, 2026

The Administrative State’s Sludge

Congress has delegated so much power across so many statutes that it’s hard to find a question of any public importance to which some agency cannot point to policymaking authority.

Aaron L. Nielson
Constitutionalism
Feb 24, 2026
Research
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An Unlawful Crusade

Richard Epstein
Constitutionalism
Apr 1, 2025

Why Legal Education Needs Abraham Lincoln

Michael Lucchese
Constitutionalism
Mar 26, 2025

Impeachment: Is Judge Boasberg Guilty of a “High . . . Misdemeanor?”

Robert G. Natelson
Constitutionalism
Mar 25, 2025

Ending D.E.I. Is Only Half the Battle

GianCarlo Canaparo
Constitutionalism
Mar 24, 2025

State-Led Lawfare Eclipses Freedom-Preserving Federalism

Jonathan H. Adler
Constitutionalism
Mar 21, 2025

The Federal Judiciary versus the Trump Administration

John Yoo
Constitutionalism
Mar 20, 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
Getting Right With Scalia

Scalia would want his colleagues to do their best to get the law right by focusing on text and history, while acting with courage and intellectual honesty.

Civitas Outlook
Supreme Court Justly Skeptical of Trump Administration’s Anti-Birthright Citizenship Executive Order

President Trump appears due for another disappointment.

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