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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Implied Powers in the Constitution

Robert G. Natelson
Constitutionalism
Jul 8, 2025

The Declaration’s Reconciliation of Populists and Constitutionalists

Paul Seaton
Constitutionalism
Jul 4, 2025

The American Constitution: Covenant or Curse?

Bradford P. Wilson
Constitutionalism
Jul 4, 2025

Donald Trump’s War Against Iran

Richard Epstein
Constitutionalism
Jul 3, 2025

Skrmetti and Chief Roberts's Immoderate Middle Ground Jurisprudence

Sarah Parshall Perry
Constitutionalism
Jun 30, 2025

It's Time to Revisit McDonnell Douglas

Michael Toth
Constitutionalism
Jun 30, 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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