Constitutionalism
We investigate what it means to be a constitutional people who remain tethered to the rule of law.
Latest
Kneecapping Powell, Undermining the Rule of Law
Donald Trump and conservatives know the perils of lawfare all too well. Why subject Jerome Powell to the same thing?
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Limiting the Federal Government
Failure to consider the sponsors’ representations of the Constitution’s meaning seriously impairs the quality of interpretation.
The Chief Justice's Big Idea
Chief Justice John Roberts has a potentially major idea for federal agency power.
Congress, the President, and the Drug Boats
Lethargy in the legislature is no way to counter the executive's excess energy.
Just Follow the Law
By definition, no one can lawfully disobey the law. The problem, though, is that it can be difficult to know what the law requires, even for legal experts.
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Research
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The Myth of Milliken
United States v. Lopez at 30: The Court’s Federalism Revolution Didn’t Happen
Supreme Court Term Preview: Presidential Power in Two Dimensions
Judge Oldham's Olson Lecture: Yet Another FedSoc Debate or an Existential Challenge?
Ban the Filibuster — But Only for Continuing Budget Resolutions
Will the Unitary Executive Swallow the Independent Judiciary?