Constitutionalism
We investigate what it means to be a constitutional people who remain tethered to the rule of law.
Latest
Trump Refights the “War” That Congress and the Burger Court “Waged” Against President Nixon’s Tapes
Tensions between the legislative and executive departments persist regardless of which political party is in power.
The Many Myths of Birthright Citizenship
The history is far more convoluted than the standard accounts provide.
Supreme Court Justly Skeptical of Trump Administration’s Anti-Birthright Citizenship Executive Order
President Trump appears due for another disappointment.
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.
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.
Research
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The Temptation of the Inferior “Imperial Judiciary”
Major Questions Doctrine and Its Bipartisan History
Trump’s Tariff Tantrum
The Administrative State’s Sludge
The Roberts Court Invokes Congress and the Constitution
Slavery and the Republic