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Constitutionalism

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

Just Follow the Law

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Constitutionalism
Dec 17, 2025
Misunderstanding Originalism

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Constitutionalism
Dec 2, 2025
Supreme Court showdown exposes shaky case against birthright citizenship

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Constitutionalism
Dec 10, 2025
Why State Courts Should Not Set National Energy Policy

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Constitutionalism
Dec 8, 2025
Obamacare Should No Longer be SCOTUScare

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Constitutionalism
Dec 10, 2025
Chadha’s Mistakes and the Diminished Congress

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Constitutionalism
Dec 8, 2025
The Myth of Milliken

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Constitutionalism
Dec 3, 2025
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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What is an Establishment of Religion? And What Does Disestablishment Require?

Vincent Phillip Muñoz
Constitutionalism
Dec 16, 2024

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Constitutionalism
Commentary
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Supreme Court showdown exposes shaky case against birthright citizenship

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

The Long History of Presidential Discretion

John Yoo
Constitutionalism
Sep 19, 2025

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

John Yoo
Constitutionalism
Sep 2, 2025
Videos
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WSJ: The Legal Theory Behind Trump’s Plan to Consolidate Power

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

Constitutionalism
Mar 11, 2025
7:01
Recent
Litigation Update: Department of State v. AIDS Vaccine Advocacy Coalition

Litigation Update: Department of State v. AIDS Vaccine Advocacy Coalition

Constitutionalism
Mar 7, 2025
57:24
Recent
John Yoo: Supreme Court Temporarily Allows Trump’s Freeze on USAID Payments

John Yoo: Supreme Court Temporarily Allows Trump’s Freeze on USAID Payments

Constitutionalism
Feb 27, 2025
3:51
Recent
John Yoo: President Trump Is Trying to Restore Energy to the Executive

John Yoo: President Trump Is Trying to Restore Energy to the Executive

Constitutionalism
Feb 19, 2025
9:57
Recent
John Yoo: Trump Is Trying to ‘Restore the Energetic Executive That Our Founders Wanted’

John Yoo: Trump Is Trying to ‘Restore the Energetic Executive That Our Founders Wanted’

Constitutionalism
Feb 12, 2025
2:30
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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