Constitutionalism

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

Latest

Roberts Gets the 14th Amendment Wrong

Richard Epstein

Constitutionalism

Jul 2, 2026

The Declaration as a Constitution

John Yoo

Constitutionalism

Jun 23, 2026

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

Constitutionalism

Feb 20, 2026

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

Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners

Michael Toth

Constitutionalism

Sep 22, 2025

Research

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Commentary

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How Climate Litigation Imposes Back Door Carbon Taxes

Michael Toth

Constitutionalism

Nov 6, 2025

The Localist Roots of Climate Litigation

Jonathan H. Adler

Constitutionalism

Nov 5, 2025

What Americans Mean By “Constitution”

Daniel E. Burns

Constitutionalism

Oct 31, 2025

The Struggle for the Shadow Dockets

Aaron L. Nielson

Constitutionalism

Oct 28, 2025

A Listening Heart

Jonathan H. Adler

Constitutionalism

Oct 27, 2025

Waging Municipal Lawfare

Doug Peterson, Michael Toth

Constitutionalism

Oct 23, 2025

Videos

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Supreme Court Justices Seek Increased Security Funding Amid Escalating Threats

Constitutionalism

Jul 14, 2026

6:07

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The High Court's Very Big Year

Constitutionalism

Jul 11, 2026

Recent

The Myth of Birthright Citizenship with Richard A. Epstein

Constitutionalism

May 26, 2026

1:05:45

Recent

Former DOJ Official: 'This is a crazy idea'

Constitutionalism

May 11, 2026

3:37

Recent

The Rising Influence of Supreme Court Justice Clarence Thomas

Constitutionalism

May 7, 2026

30:34

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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Constitutionalism

Roberts Gets the 14th Amendment Wrong

The Declaration as a Constitution

The Fifth Circuit’s Chance to Expose the Inflation Reduction Act’s Unconstitutionality

How the Zelman Decision Revitalized Religious Freedom

Scalia’s Revolution

The Roberts Court Needs To Reboot The Machinery Of Death

Originalism and Its Adversaries

Roberts Gets the 14th Amendment Wrong

The Declaration as a Constitution

Birthright Citizenship Has a Long Historical Precedent

State Courts Can’t Run Foreign Policy

Supreme Court tariff ruling should end complaints that justices favor Trump

Supreme Court showdown exposes shaky case against birthright citizenship

Why State Courts Should Not Set National Energy Policy

Misunderstanding Originalism

What’s Wrong with a Military Campaign Against the Drug Trade

Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners

How Climate Litigation Imposes Back Door Carbon Taxes

The Localist Roots of Climate Litigation

What Americans Mean By “Constitution”

The Struggle for the Shadow Dockets

A Listening Heart

Waging Municipal Lawfare

Supreme Court Justices Seek Increased Security Funding Amid Escalating Threats

The High Court's Very Big Year

The Myth of Birthright Citizenship with Richard A. Epstein

Former DOJ Official: 'This is a crazy idea'

The Rising Influence of Supreme Court Justice Clarence Thomas

The Libertarian

Law Talk

Get the Civitas Outlook daily digest, plus new research and events.