Constitutionalism
We investigate what it means to be a constitutional people who remain tethered to the rule of law.
Latest
Kneecapping Powell, Undermining the Rule of Law
Donald Trump and conservatives know the perils of lawfare all too well. Why subject Jerome Powell to the same thing?
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Limiting the Federal Government
Failure to consider the sponsors’ representations of the Constitution’s meaning seriously impairs the quality of interpretation.
The Chief Justice's Big Idea
Chief Justice John Roberts has a potentially major idea for federal agency power.
Congress, the President, and the Drug Boats
Lethargy in the legislature is no way to counter the executive's excess energy.
Just Follow the Law
By definition, no one can lawfully disobey the law. The problem, though, is that it can be difficult to know what the law requires, even for legal experts.
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Research
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Deconstructing the Administrative State: Will This Time be Different?
Biden's Shakespearean End: Something Wicked This Way Comes
Chemerinsky's Constitutional Wishlist
Originalism Must Restore Self Government
The Court's Obscenity Jurisprudence Is Due for Revision
Globalization’s Challenge to American Constitutionalism