Constitutionalism

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

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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United States v. Lopez at 30: The Court’s Federalism Revolution Didn’t Happen

Constitutionalism

Dec 1, 2025

Supreme Court Term Preview: Presidential Power in Two Dimensions

Aaron L. Nielson

Constitutionalism

Nov 18, 2025

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

Josh Blackman

Constitutionalism

Nov 12, 2025

Ban the Filibuster — But Only for Continuing Budget Resolutions

Richard Epstein

Constitutionalism

Nov 12, 2025

Will the Unitary Executive Swallow the Independent Judiciary?

Richard Epstein

Constitutionalism

Nov 10, 2025

How Climate Litigation Imposes Back Door Carbon Taxes

Michael Toth

Constitutionalism

Nov 6, 2025

Videos

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Legal expert explains why Supreme Court is holding back on Trump tariffs

Constitutionalism

Jan 21, 2026