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, 2036

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.

The Roberts Court Invokes Congress and the Constitution

Constitutionalism

Feb 23, 2026

Slavery and the Republic

David Lewis Schaefer

Constitutionalism

Feb 20, 2026

Two Hails For The Chief’s NDA

Josh Blackman

Constitutionalism

Feb 10, 2026

Charles Sumner’s Harmony with the Declaration

James Howard

Constitutionalism

Feb 6, 2026

Men and Women: Equal but Beautifully Distinct

Ryan Bangert

Constitutionalism

Feb 4, 2026

Forging a Political Constitution

Johnathan O'Neill

Constitutionalism

Feb 4, 2026

Videos

Thank you! Your submission has been received!

Oops! Something went wrong while submitting the form.

Supreme Court interested in 'original' meaning of 14th Amendment

Constitutionalism

Apr 1, 2026