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

SAVE America, SAVE the Senate
The path Senate Majority Leader John Thune has chosen includes elements of both the nuclear option and talking filibuster.

Justice Clarence Thomas, "Remarks on the 250th Anniversary of the Declaration of Independence"
The primacy of our rights in relation to our government is crucial in reconciling the immortal words of the Declaration with our Constitution and our history.

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.
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The Incapable Congress
Free Speech Coalition v. Paxton and a Few First Amendment Principles
Executive Power in the Age of Trump
What Affirmative Action Has Wrought
Mahmoud v. Taylor and the Clash of Orthodoxies
The War Powers and Original Understanding