Constitutionalism
We investigate what it means to be a constitutional people who remain tethered to the rule of law.
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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.
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.
A Warning to Quorum Breakers
If absence goes on long enough, there may be serious consequences—including removal from office.
When Can a Crass Political Remark Be Deemed an Indictable “Threat of Violence”?
What is an indictable “threat of violence”?
Struck By Lightning Fifty Years Later: The Court’s Broken Promise on the Death Penalty
The Supreme Court has become the source of the very arbitrariness it set out to eliminate.
Research
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SAVE America, SAVE the Senate
Justice Clarence Thomas, "Remarks on the 250th Anniversary of the Declaration of Independence"
Trump Refights the “War” That Congress and the Burger Court “Waged” Against President Nixon’s Tapes
The Many Myths of Birthright Citizenship
Supreme Court Justly Skeptical of Trump Administration’s Anti-Birthright Citizenship Executive Order
The Arc of Justice Alito