Constitutionalism
We investigate what it means to be a constitutional people who remain tethered to the rule of law.
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Supreme Court Term Preview: Presidential Power in Two Dimensions
Aaron Nielson offers a roadmap to the Supreme Court’s upcoming tests of presidential power, from interbranch conflicts to internal executive control.
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Judge Oldham's Olson Lecture: Yet Another FedSoc Debate or an Existential Challenge?
Judge Andrew S. Oldham’s Olson lecture reminds us that what worked for the Federalist Society in 1985 may not work in 2025 — and almost certainly won’t in 2065.
Ban the Filibuster — But Only for Continuing Budget Resolutions
Suspending the filibuster for continuing resolutions may have benefited Republicans this time, but the reform makes sense regardless of which party holds power.
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Will the Unitary Executive Swallow the Independent Judiciary?
Hamilton’s warnings about the potential collapse of an independent judiciary may well be realized if the unitary executive theory continues to fester.
How Climate Litigation Imposes Back Door Carbon Taxes
Californians should object to climate taxes because they reflect the state’s most dysfunctional tendencies.
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Free Speech Coalition v. Paxton and a Few First Amendment Principles
Executive Power in the Age of Trump
What Affirmative Action Has Wrought
Mahmoud v. Taylor and the Clash of Orthodoxies
The War Powers and Original Understanding
Implied Powers in the Constitution