Constitutionalism

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

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SAVE America, SAVE the Senate

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

Constitutionalism
Apr 20, 2026

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.

Constitutionalism
Apr 20, 2026

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.

Josh Blackman
Constitutionalism
Apr 14, 2026

The Many Myths of Birthright Citizenship

The history is far more convoluted than the standard accounts provide.

Richard Epstein
Constitutionalism
Apr 9, 2026

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

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.

Aaron L. Nielson
Constitutionalism
Apr 7, 2026
Research
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The Incapable Congress

Joseph Postell
Constitutionalism
Jul 21, 2025

Free Speech Coalition v. Paxton and a Few First Amendment Principles

Zack Smith
Constitutionalism
Jul 16, 2025

Executive Power in the Age of Trump

Richard Epstein
Constitutionalism
Jul 16, 2025

What Affirmative Action Has Wrought

GianCarlo Canaparo
Constitutionalism
Jul 14, 2025

Mahmoud v. Taylor and the Clash of Orthodoxies

Sarah Parshall Perry
Constitutionalism
Jul 9, 2025

The War Powers and Original Understanding

John Yoo
Constitutionalism
Jul 8, 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
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.

Civitas Outlook
SAVE America, SAVE the Senate

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

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