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

Now is the perfect time for an engaging biography of Justice Alito. And Mollie Hemingway, a highly respected conservative columnist and commentator, delivers the goods.

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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Deconstructing the Administrative State: Will This Time be Different?

Joseph Postell
Constitutionalism
Jan 3, 2025

Biden's Shakespearean End: Something Wicked This Way Comes

Paul J. Larkin
Constitutionalism
Jan 1, 2025

Chemerinsky's Constitutional Wishlist

Tal Fortgang
Constitutionalism
Dec 31, 2024

Originalism Must Restore Self Government

Johnathan O’Neill
Constitutionalism
Dec 27, 2024

The Court's Obscenity Jurisprudence Is Due for Revision

GianCarlo Canaparo
Constitutionalism
Dec 18, 2024

Globalization’s Challenge to American Constitutionalism

John Yoo
Constitutionalism
Dec 16, 2024
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, postliberalism looks bound to fail.

Civitas Outlook
Justice Alito Is the Jurist America Needed

Now is the perfect time for an engaging biography of Justice Alito. And Mollie Hemingway, a highly respected conservative columnist and commentator, delivers the goods.

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