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Constitutionalism

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

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

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Constitutionalism
Sep 15, 2025
Amicus Brief: Chevron U.S.A. Inc. v. Plaquemines Parish

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Constitutionalism
Sep 11, 2025
Living With and Coping With Gerrymandering

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Constitutionalism
Sep 10, 2025
Humphrey’s Executor and the Future of Presidential Power

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Constitutionalism
Sep 9, 2025
Restoring the Constitution’s Presidency: Modifying Myers and Overruling Humphrey’s

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Constitutionalism
Sep 9, 2025
Why Trump’s ‘Emergency’ Tariffs Won’t Fly

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Constitutionalism
Sep 2, 2025
What Could the Supreme Court Rule About Trump's Tariffs?

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Constitutionalism
Sep 8, 2025
Latest

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

Civitas Research Fellow Michael Toth's work was cited in a Supreme Court brief.‍

Michael Toth
Constitutionalism
Sep 11, 2025

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

The trade deficit isn’t a sudden surprise, short in duration, and great in harm: the usual characteristics of an emergency.

John Yoo
Constitutionalism
Sep 2, 2025

Democracy in Britain: The Lords’ Work

Part 2: How the “hereditary peers” enhance lawmaking and support the soft power of the UK.

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

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

Religious Exemptions?: What the Free Exercise Clause Means

Andrew Koppelman, Michael McConnell, Vincent Phillip Muñoz
Constitutionalism
Apr 28, 2025
Research
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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

What is an Establishment of Religion? And What Does Disestablishment Require?

Vincent Phillip Muñoz
Constitutionalism
Dec 16, 2024
Commentary
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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

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
Videos
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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
John Yoo: Dems Displaying ‘Institutional Weakness’ by Using Federal Judge to Unfreeze Funds Cut by Musk, DOGE

John Yoo: Dems Displaying ‘Institutional Weakness’ by Using Federal Judge to Unfreeze Funds Cut by Musk, DOGE

Constitutionalism
Feb 10, 2025
3:58
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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