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Constitutionalism

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

Justice Harlan and President Trump Are Right About Birth Tourism

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Constitutionalism
Apr 30, 2026
Courting Tyranny

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Constitutionalism
Apr 28, 2026
The Olympus Spa, Denuded by the 9th Circuit

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Constitutionalism
Apr 28, 2026
Separation of Powers and Our Constitutional Freedoms

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Constitutionalism
Apr 23, 2026
Justice Alito Is the Jurist America Needed

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Constitutionalism
Apr 22, 2026
It’s Time to Combat Abuse of Agency Guidance – Again.

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Constitutionalism
Apr 21, 2026
SAVE America, SAVE the Senate

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Constitutionalism
Apr 20, 2026
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
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Commentary
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Kneecapping Powell, Undermining the Rule of Law

John G. Malcolm, Richard Stern
Constitutionalism
Jan 15, 2026

Limiting the Federal Government

Constitutionalism
Jan 14, 2026

The Chief Justice's Big Idea

Aaron L. Nielson
Constitutionalism
Jan 6, 2026

Congress, the President, and the Drug Boats

Constitutionalism
Jan 2, 2026

Just Follow the Law

Aaron L. Nielson
Constitutionalism
Dec 17, 2025

Obamacare Should No Longer be SCOTUScare

Michael Toth
Constitutionalism
Dec 10, 2025
Videos
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Article II and the Growth of the American Presidency with John Yoo

Article II and the Growth of the American Presidency with John Yoo

Constitutionalism
Apr 27, 2026
1:22:19
Recent
Laying down the law on birthright citizenship

Laying down the law on birthright citizenship

Constitutionalism
Apr 26, 2026
06:59
Recent
Limited Government | 2026 National Review Institute Regional Seminars

Limited Government | 2026 National Review Institute Regional Seminars

Constitutionalism
Apr 17, 2026
3:14.26
Recent
Supreme Court interested in 'original' meaning of 14th Amendment

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

Constitutionalism
Apr 1, 2026
4:59
Recent
UChicago Prof. Richard Epstein Weighs in on the Supreme Court’s Decision Regarding Trump’s Tariffs

UChicago Prof. Richard Epstein Weighs in on the Supreme Court’s Decision Regarding Trump’s Tariffs

Constitutionalism
Feb 23, 2026
22:50
Recent
Podcasts
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The Libertarian

The inimitable Richard Epstein offers his unique perspective on national developments in public policy and the law.

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Law Talk

Welcome to Law Talk with Richard Epstein and John Yoo. Our show is hosted by Charles C. W. Cooke.

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