Constitutionalism

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

Latest

It’s Time to Combat Abuse of Agency Guidance – Again.

The federal courts cannot comprehensively limit administrative state power, but an Executive Order could do helpful work.

Aaron L. Nielson
Constitutionalism
Apr 21, 2026

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
Research
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SALT Spoils Federalism

Thomas Savidge
Constitutionalism
May 21, 2025

Is There Still a Republic?

Ben R. Crenshaw
Constitutionalism
May 21, 2025

Suspending Habeas Corpus: A Lincolnian Guide

John Yoo
Constitutionalism
May 20, 2025

Speaker Trump

Joseph Postell
Constitutionalism
May 20, 2025

Why We Can’t Quit Racial Redistricting

GianCarlo Canaparo
Constitutionalism
May 16, 2025

There Is No Birthright Citizenship for Children Born of Aliens within the United States

Richard Epstein
Constitutionalism
May 16, 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
Congress Should Not Exempt Medicare from Budget Scrutiny

When Congress is forced to get serious about deficit cutting again, Medicare should be at the top of the list of programs receiving a thorough review.

Civitas Outlook
It’s Time to Combat Abuse of Agency Guidance – Again.

The federal courts cannot comprehensively limit administrative state power, but an Executive Order could do helpful work.

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