Constitutionalism

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

Latest

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

Judges are improperly turning courts into bastions of climate activism.

Constitutionalism

Dec 8, 2025

Misunderstanding Originalism

Creating a constitutional morality is beyond the judicial power.

Constitutionalism

Dec 2, 2025

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

Trump’s boat strikes against the cartels risk crossing the line between law enforcement and war.

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

Amicus Brief: Chevron U.S.A. Inc. v. Plaquemines Parish

Michael Toth

Constitutionalism

Sep 11, 2025

Why Trump’s ‘Emergency’ Tariffs Won’t Fly

John Yoo

Constitutionalism

Sep 2, 2025

Democracy in Britain: The Lords’ Work

David L. Leal

Constitutionalism

Aug 6, 2025

Research

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

Michael Toth

Constitutionalism

Sep 22, 2025

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

John Yoo

Constitutionalism

Sep 15, 2025

Amicus Brief: Chevron U.S.A. Inc. v. Plaquemines Parish

Michael Toth

Constitutionalism

Sep 11, 2025

Epstein & Yoo: Amicus Brief in Supreme Court of Maryland

Richard Epstein, John Yoo

Constitutionalism

Jul 24, 2025

Religious Exemptions?: What the Free Exercise Clause Means

Andrew Koppelman, Michael McConnell, Vincent Phillip Muñoz

Constitutionalism

Apr 28, 2025

Rational Nondelegation

John Yoo

Constitutionalism

Feb 27, 2025

Commentary

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Democracy in Britain: The Lords’ Work

David L. Leal

Constitutionalism

Aug 6, 2025

The American Revolutions of 1776

Vincent Philip Muñoz

Constitutionalism

Jun 23, 2025

The Progressive Presidency Envelops American Politics

Richard M. Reinsch II

Constitutionalism

May 27, 2025

Trump, Lincoln and a ‘Habeas Corpus Threat’

John Yoo

Constitutionalism

May 18, 2025

The Originalist Case for Birthright Citizenship

John Yoo, Robert Delahunty

Constitutionalism

May 9, 2025

Burnham’s Counterrevolution

Richard M. Reinsch II

Constitutionalism

Mar 28, 2025

Videos

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Federal law under the Constitution is always 'supreme'

Constitutionalism

Jan 27, 2026