Constitutionalism

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

Latest

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

A Warning to Quorum Breakers

If absence goes on long enough, there may be serious consequences—including removal from office.

Aaron L. Nielson
Constitutionalism
May 27, 2026
Research
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Could “Liberation” Take Us Back to Congress?

Philip Wallach
Constitutionalism
Apr 17, 2025

Are Trump’s Tariffs Legal?

Robert Delahunty
Constitutionalism
Apr 16, 2025

Emergency Powers and Constitutional Foundations

John Yoo
Constitutionalism
Apr 15, 2025

Government by Injunction

Paul J. Larkin
Constitutionalism
Apr 10, 2025

The Hard Limits on DOGE

Charles C.W. Cooke
Constitutionalism
Apr 8, 2025

Making DOGE Constitutional

Yuval Levin
Constitutionalism
Apr 8, 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
New York City Is Mamdani’s Economic Fantasy Land

It will take a sustained effort for New York’s progressive, now socialist left, to rethink the errors of their ways before they learn the hard way.

Civitas Outlook
How to Shorten SCOTUS Oral Argument

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

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