Constitutionalism

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

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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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Roberts’ Rules for Defending the Rule of Law

Jonathan H. Adler
Constitutionalism
May 15, 2025

Ending Nationwide Injunctions

John Yoo, Robert Delahunty
Constitutionalism
May 15, 2025

The REINS Act Would Be Another Blow to the Administrative State

John Yoo
Constitutionalism
May 14, 2025

The Contents of Originalism

Tal Fortgang
Constitutionalism
May 13, 2025

Make the Law Moral but Not Yet

Patrick McKinley Brennan
Constitutionalism
May 7, 2025

Equal Employment Opportunity Commission Is Correct to Challenge Law Firm DEI Abuse

Alison Somin
Constitutionalism
May 5, 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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