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Constitutionalism

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

Kneecapping Powell, Undermining the Rule of Law

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Constitutionalism
Jan 15, 2026
Limiting the Federal Government

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Constitutionalism
Jan 14, 2026
The Chief Justice's Big Idea

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Constitutionalism
Jan 6, 2026
Congress, the President, and the Drug Boats

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Constitutionalism
Jan 2, 2026
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
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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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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Trump Has Launched a Necessary Fight Over the President’s Spending Discretion

John Yoo
Constitutionalism
Feb 7, 2025

Causes Tending to Undermine a Democratic Republic

Richard Epstein
Constitutionalism
Jan 22, 2025

Natural Law vs. Positivism, Chapter 8

John Yoo
Constitutionalism
Dec 29, 2024

Trump and Foley Are Wrong on the TikTok Law

John Yoo
Constitutionalism
Jan 29, 2024
Videos
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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
John Yoo: Trump Is Trying to Restore the Original Powers of the Presidency

John Yoo: Trump Is Trying to Restore the Original Powers of the Presidency

Constitutionalism
Feb 7, 2025
5:09
Recent
What's Next for Birthright Citizenship?

What's Next for Birthright Citizenship?

Constitutionalism
Feb 4, 2025
1:00:25
Recent
Richard A. Epstein: The Case Against Birthright Citizenship

Richard A. Epstein: The Case Against Birthright Citizenship

Constitutionalism
Jan 29, 2025
16:40
Recent
Discussing Birthright Citizenship with Professor Richard Epstein

Discussing Birthright Citizenship with Professor Richard Epstein

Constitutionalism
Jan 25, 2025
46:11
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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