Constitutionalism
We investigate what it means to be a constitutional people who remain tethered to the rule of law.
United States v. Lopez at 30: The Court’s Federalism Revolution Didn’t Happen
Why did the Court's federalism revolution go out with a whimper?
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Supreme Court Term Preview: Presidential Power in Two Dimensions
Aaron Nielson offers a roadmap to the Supreme Court’s upcoming tests of presidential power, from interbranch conflicts to internal executive control.
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Judge Oldham's Olson Lecture: Yet Another FedSoc Debate or an Existential Challenge?
Judge Andrew S. Oldham’s Olson lecture reminds us that what worked for the Federalist Society in 1985 may not work in 2025 — and almost certainly won’t in 2065.
Ban the Filibuster — But Only for Continuing Budget Resolutions
Suspending the filibuster for continuing resolutions may have benefited Republicans this time, but the reform makes sense regardless of which party holds power.
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Will the Unitary Executive Swallow the Independent Judiciary?
Hamilton’s warnings about the potential collapse of an independent judiciary may well be realized if the unitary executive theory continues to fester.
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Ideas for
Prosperity
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Chemerinsky's Constitutional Wishlist
Originalism Must Restore Self Government
The Court's Obscenity Jurisprudence Is Due for Revision
Globalization’s Challenge to American Constitutionalism
What is the Future of the Federalist Society?
Re-forming the Department of Justice