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Constitutionalism

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

Judge Oldham's Olson Lecture: Yet Another FedSoc Debate or an Existential Challenge?

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Constitutionalism
Nov 12, 2025
Ban the Filibuster — But Only for Continuing Budget Resolutions

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Constitutionalism
Nov 12, 2025
Will the Unitary Executive Swallow the Independent Judiciary?

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Constitutionalism
Nov 10, 2025
How Climate Litigation Imposes Back Door Carbon Taxes

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Constitutionalism
Nov 6, 2025
The Localist Roots of Climate Litigation

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Constitutionalism
Nov 5, 2025
What Americans Mean By “Constitution”

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Constitutionalism
Oct 31, 2025
The Struggle for the Shadow Dockets

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Constitutionalism
Oct 28, 2025
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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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

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
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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