Constitutionalism

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

Latest

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

Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief

Michael Toth

Constitutionalism

Sep 22, 2025

The Long History of Presidential Discretion

The Framers did not expect Congress to preauthorize every use of force or to manage military campaigns.

John Yoo

Constitutionalism

Sep 19, 2025

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

Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.

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

Epstein & Yoo: Amicus Brief in Supreme Court of Maryland

Richard Epstein, John Yoo

Constitutionalism

Jul 24, 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

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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Challenging the Claremont View of Birthright Citizenship

John Yoo

Constitutionalism

Feb 20, 2025

Trump And Vance Aren’t Defying The Constitution, They’re Following It

John Yoo, Robert Delahunty

Constitutionalism

Feb 12, 2025

Charles Kesler’s Struggle for the Founders’ Constitution

Richard M. Reinsch II

Constitutionalism

Feb 10, 2025

Trump Has Launched a Necessary Fight Over the President’s Spending Discretion

John Yoo

Constitutionalism

Feb 7, 2025

Causes Tending to Undermine a Democratic Republic

Richard Epstein

Constitutionalism

Jan 22, 2025

Natural Law vs. Positivism, Chapter 8

John Yoo

Constitutionalism

Dec 29, 2024

Videos

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WSJ: The Legal Theory Behind Trump’s Plan to Consolidate Power

Constitutionalism

Mar 11, 2025