Constitutionalism

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

Latest

Our American Legal Tradition Is Not the Warren Court’s Tradition

Most Americans today have no living memory of the world before the Warren and Burger Courts.

Josh Blackman
Constitutionalism
Jun 15, 2026

How to Shorten SCOTUS Oral Argument

Why not give the Justices an allotment of “extra” time to spend as they will across the term?

Aaron L. Nielsen
Constitutionalism
Jun 12, 2026

The Fifth Circuit’s Chance to Expose the Inflation Reduction Act’s Unconstitutionality

Despite the mounting evidence of harm, the Medicare Drug Price Negotiation Program remains law — and the Justice Department continues to defend it in federal court.

Jeff Stier
Constitutionalism
Jun 10, 2026

How the Zelman Decision Revitalized Religious Freedom

'Zelman v. Simmons-Harris' catalyzed a judicial recovery of the founding vision for the Establishment Clause and, more broadly, the relationship between church and state.

Ryan Bangert
Constitutionalism
Jun 4, 2026

Scalia’s Revolution

We still live in Scalia's judicial universe.

Tal Fortgang
Constitutionalism
Jun 3, 2026

The Roberts Court Needs To Reboot The Machinery Of Death

The Roberts Court should reboot the machinery of death, and get the judiciary out of its interminable quagmire.

Josh Blackman
Constitutionalism
Jun 2, 2026

Originalism and Its Adversaries

While living constitutionalists on the left remain deeply involved in the fight against originalism, some prominent figures on the right have joined that fight.

John G. Malcom
Constitutionalism
May 29, 2026
Research
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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

Harvard v. Trump

Richard Epstein
Constitutionalism
Apr 23, 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
The Hart Conservatives

Whether he would have preferred it at his death or not, much of the media, institutional, and executive-centered conservative movement of today bears Jeffrey Hart's imprint.

Civitas Outlook
The Backstory of 1776

The Declaration of Independence was not written to attain liberty. It was written because the founders concluded that England was eroding the liberty they already had.

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