Constitutionalism

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

Latest

Trump’s Tariff Tantrum

Trump leaps from the frying pan into the fire in the aftermath of Learning Resources v. Trump.

Richard Epstein
Constitutionalism
Feb 25, 2026

The Administrative State’s Sludge

Congress has delegated so much power across so many statutes that it’s hard to find a question of any public importance to which some agency cannot point to policymaking authority.

Aaron L. Nielson
Constitutionalism
Feb 24, 2026

The Roberts Court Invokes Congress and the Constitution

The Court's message is that ultimate policy authority lies in the hands of Congress.

Constitutionalism
Feb 23, 2026

Slavery and the Republic

As America begins to celebrate its semiquincentennial, much ink has been spilled questioning whether that event is worth commemorating at all. Joseph Ellis’s The Great Contradiction could not be timelier.

David Lewis Schaefer
Constitutionalism
Feb 20, 2026

Two Hails For The Chief’s NDA

Instead of trying to futilely plug the dam to stop leaks, the Court should release a safety valve.

Josh Blackman
Constitutionalism
Feb 10, 2026

Men and Women: Equal but Beautifully Distinct

Powerful interests are being served, but they are not those of young women competing in adolescent sports, or the larger need of our society to know that its words, laws, and public speech conform to the reality that we did not summon into being.

Ryan Bangert
Constitutionalism
Feb 4, 2026

Forging a Political Constitution

Thomas Rives Bell urges that separation-of-powers conflicts between Congress and the Executive branch be regarded as political questions beyond federal court intervention.

Johnathan O'Neill
Constitutionalism
Feb 4, 2026
Research
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It's Time to Revisit McDonnell Douglas

MIchael Toth
Constitutionalism
Jun 30, 2025

The Constitution, Parental Rights, and Transgender Treatment for Minors

Richard Epstein
Constitutionalism
Jun 24, 2025

What Skrmetti Should Have Said

Josh Blackman
Constitutionalism
Jun 23, 2025

Putting the Judicial Branch in Its Place

Linda Denno
Constitutionalism
Jun 19, 2025

The Real Constitutional Issue with President Trump's Tariff Orders

Robert G. Natelson
Constitutionalism
Jun 13, 2025

The "Omnicause" Shall Not Prevail Over the Constitution

Robert Delahunty
Constitutionalism
Jun 12, 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
American Immortals

Unlike other abolitionists, though, Douglass never lost his faith in the American Founding. Indeed, he believed that the fundamental premises of our republic were the very principles that could save her from this moral crisis.

Civitas Outlook
The False Equivalence of Multicultural Day

Parents have an affirmative obligation to reinforce patriotic values and counter the narratives that are taught in school.

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