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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Roberts’ Rules for Defending the Rule of Law

Jonathan H. Adler
Constitutionalism
May 15, 2025

Ending Nationwide Injunctions

John Yoo, Robert Delahunty
Constitutionalism
May 15, 2025

The REINS Act Would Be Another Blow to the Administrative State

John Yoo
Constitutionalism
May 14, 2025

The Contents of Originalism

Tal Fortgang
Constitutionalism
May 13, 2025

Make the Law Moral but Not Yet

Patrick McKinley Brennan
Constitutionalism
May 7, 2025

Equal Employment Opportunity Commission Is Correct to Challenge Law Firm DEI Abuse

Alison Somin
Constitutionalism
May 5, 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
How the Rich Preserve Liberty

A society without rich people would not be a society without elites.

Civitas Outlook
Fentanyl’s Deadly Successor Emerges

Start by admitting both that there is a growing Novel Psychoactive Substances (NPS) problem and that responsibility for its harms lies not only with nations like China and Mexico, but also with our own drug users and society.

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