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Constitutionalism

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

When Can a Crass Political Remark Be Deemed an Indictable “Threat of Violence”?

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Constitutionalism
May 22, 2026
Struck By Lightning Fifty Years Later: The Court’s Broken Promise on the Death Penalty

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Constitutionalism
May 21, 2026
The Curse of 'Penn Central'

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Constitutionalism
May 21, 2026
What Happiness Ought We Pursue? Natural Rights and the Declaration of Independence

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Constitutionalism
May 19, 2026
Pursuing the Right to the Pursuit of Happiness in the Twenty-First Century

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Constitutionalism
May 19, 2026
The Supreme Court Was Right to Ban Race-Based Gerrymandering

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Constitutionalism
May 18, 2026
One Toke Over the Line

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Constitutionalism
May 14, 2026
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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The Myth of Milliken

R. Shep Melnick
Constitutionalism
Dec 3, 2025

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
Videos
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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
Keeping the Republic: A Constitution Day Lecture with Marc Landy

Keeping the Republic: A Constitution Day Lecture with Marc Landy

Constitutionalism
Sep 17, 2024
1:05:44
Recent
Does America Have a Balance of Power Problem?

Does America Have a Balance of Power Problem?

Constitutionalism
53:57
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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