Constitutionalism
We investigate what it means to be a constitutional people who remain tethered to the rule of law.
Latest
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.
The Many Myths of Birthright Citizenship
The history is far more convoluted than the standard accounts provide.
Supreme Court Justly Skeptical of Trump Administration’s Anti-Birthright Citizenship Executive Order
President Trump appears due for another disappointment.
The Arc of Justice Alito
Samuel Alito will go down in history as a consequential Supreme Court justice. His life story is emblematic of the forces that motivated and shaped the conservative legal movement, which is now the dominant force in American law.
Getting Right With Scalia
Scalia would want his colleagues to do their best to get the law right by focusing on text and history, while acting with courage and intellectual honesty.
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Obamacare Should No Longer be SCOTUScare
Chadha’s Mistakes and the Diminished Congress
The Myth of Milliken
United States v. Lopez at 30: The Court’s Federalism Revolution Didn’t Happen
Supreme Court Term Preview: Presidential Power in Two Dimensions
Judge Oldham's Olson Lecture: Yet Another FedSoc Debate or an Existential Challenge?