Constitutionalism

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

Latest

Justice Alito Is the Jurist America Needed

Mollie Hemingway’s recent book provides just enough information about Alito’s life to satisfy those who would like to know about his upbringing and life before joining the Court, and, more importantly, how that upbringing helped to shape his values and approach to judging.

John G. Malcom
Constitutionalism
Apr 22, 2026

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
Research
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Shaking the Foundations of the Administrative State

John Yoo
Constitutionalism
Apr 4, 2025

Congress Can Shore Up Anti-Terror Laws

Tal Fortgang
Constitutionalism
Apr 3, 2025

An Unlawful Crusade

Richard Epstein
Constitutionalism
Apr 1, 2025

Why Legal Education Needs Abraham Lincoln

Michael Lucchese
Constitutionalism
Mar 26, 2025

Impeachment: Is Judge Boasberg Guilty of a “High . . . Misdemeanor?”

Robert G. Natelson
Constitutionalism
Mar 25, 2025

Ending D.E.I. Is Only Half the Battle

GianCarlo Canaparo
Constitutionalism
Mar 24, 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
Postliberalism’s Hungary Gambit Failed

With Viktor Orbán’s party losing power in Hungary and postliberals at odds with the Trump administration over the Iran War, this iteration of postliberalism looks once again bound not only to fail in terms of its own principles but also to remain politically relevant.

Civitas Outlook
Justice Alito Is the Jurist America Needed

Mollie Hemingway’s recent book provides just enough information about Alito’s life to satisfy those who would like to know about his upbringing and life before joining the Court, and, more importantly, how that upbringing helped to shape his values and approach to judging.

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