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.

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

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.

Constitutionalism
Apr 7, 2026

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.

Aaron L. Nielson
Constitutionalism
Apr 7, 2026

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.

Constitutionalism
Apr 7, 2026

The Government Schools Persist in Mandating Gender Ideology

The volume and pace of federal litigation on these policies indicate there is no softening of the collective mind on transgenderism within the education industrial complex.

Sarah Parshall Perry
Constitutionalism
Mar 26, 2026
Research
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A Listening Heart

Jonathan H. Adler
Constitutionalism
Oct 27, 2025

Waging Municipal Lawfare

Doug Peterson, Michael Toth
Constitutionalism
Oct 23, 2025

What Game Are We Playing?

John Grove
Constitutionalism
Oct 23, 2025

Does Federal Law Extend to Portlandia?

John Yoo
Constitutionalism
Oct 22, 2025

Creed, Culture, and American Memory

Wilfred McClay
Constitutionalism
Oct 21, 2025

The Constitution and the National Guard

Robert G. Natelson
Constitutionalism
Oct 20, 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 Constitution of Academic Freedom

“If the university no longer seeks the production and dissemination of knowledge, it loses the primary justification for its academic freedom.”

Civitas Outlook
Is Economics a Failure?

Rather than ending with “economics is broken,” Alexander Rosenberg’s deliberately provocative book 'Blunt Instrument' argues that “economics is useful for a different reason than economists often say.” That is a serious and worthwhile thesis.

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