Constitutionalism

We investigate what it means to be a constitutional people who remain tethered to the rule of law.

Latest

Birthright Citizenship Has a Long Historical Precedent

John Yoo

Constitutionalism

Apr 2, 2026

State Courts Can’t Run Foreign Policy

Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.

John Yoo, Michael Toth

Constitutionalism

Feb 24, 2026

Supreme Court tariff ruling should end complaints that justices favor Trump

John Yoo writes on the Supreme Court’s decision on President Trump’s tariff case.

John Yoo

Constitutionalism

Feb 20, 2026

Supreme Court showdown exposes shaky case against birthright citizenship

Supreme Court will hear challenges to Trump's order ending birthright citizenship, testing the 14th Amendment's guarantee for babies born in America.

Constitutionalism

Dec 10, 2025

Why State Courts Should Not Set National Energy Policy

Constitutionalism

Dec 8, 2025

Misunderstanding Originalism

Constitutionalism

Dec 2, 2025

What’s Wrong with a Military Campaign Against the Drug Trade

John Yoo

Constitutionalism

Sep 24, 2025

Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners

Michael Toth

Constitutionalism

Sep 22, 2025

The Long History of Presidential Discretion

John Yoo

Constitutionalism

Sep 19, 2025

Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott

John Yoo

Constitutionalism

Sep 15, 2025

Research

Thank you! Your submission has been received!

Oops! Something went wrong while submitting the form.

No items found.

Commentary

Thank you! Your submission has been received!

Oops! Something went wrong while submitting the form.

When Can a Crass Political Remark Be Deemed an Indictable “Threat of Violence”?

Paul J. Larkin

Constitutionalism

May 22, 2026

Struck By Lightning Fifty Years Later: The Court’s Broken Promise on the Death Penalty

Craig S. Lerner

Constitutionalism

May 21, 2026

The Curse of 'Penn Central'

Richard Epstein

Constitutionalism

May 21, 2026

What Happiness Ought We Pursue? Natural Rights and the Declaration of Independence

Constitutionalism

May 19, 2026

Pursuing the Right to the Pursuit of Happiness in the Twenty-First Century

Constitutionalism

May 19, 2026

The Supreme Court Was Right to Ban Race-Based Gerrymandering

David Lewis Schaefer

Constitutionalism

May 18, 2026

Videos

Thank you! Your submission has been received!

Oops! Something went wrong while submitting the form.

The Myth of Birthright Citizenship with Richard A. Epstein

Constitutionalism

May 26, 2026