Constitutionalism

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

Latest

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

Despite the mounting evidence of harm, the Medicare Drug Price Negotiation Program remains law — and the Justice Department continues to defend it in federal court.

Jeff Stier
Constitutionalism
Jun 10, 2026

How the Zelman Decision Revitalized Religious Freedom

'Zelman v. Simmons-Harris' catalyzed a judicial recovery of the founding vision for the Establishment Clause and, more broadly, the relationship between church and state.

Ryan Bangert
Constitutionalism
Jun 4, 2026

Scalia’s Revolution

We still live in Scalia's judicial universe.

Tal Fortgang
Constitutionalism
Jun 3, 2026

The Roberts Court Needs To Reboot The Machinery Of Death

The Roberts Court should reboot the machinery of death, and get the judiciary out of its interminable quagmire.

Josh Blackman
Constitutionalism
Jun 2, 2026

Originalism and Its Adversaries

While living constitutionalists on the left remain deeply involved in the fight against originalism, some prominent figures on the right have joined that fight.

John G. Malcom
Constitutionalism
May 29, 2026

A Warning to Quorum Breakers

If absence goes on long enough, there may be serious consequences—including removal from office.

Aaron L. Nielson
Constitutionalism
May 27, 2026

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

What is an indictable “threat of violence”?

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

Craig S. Lerner
Constitutionalism
May 21, 2026

The Curse of 'Penn Central'

Richard Epstein
Constitutionalism
May 21, 2026

What Happiness Ought We Pursue? Natural Rights and the Declaration of Independence

Constitutionalism
May 19, 2026

Pursuing the Right to the Pursuit of Happiness in the Twenty-First Century

Constitutionalism
May 19, 2026

The Supreme Court Was Right to Ban Race-Based Gerrymandering

David Lewis Schaefer
Constitutionalism
May 18, 2026

One Toke Over the Line

Paul J. Larkin
Constitutionalism
May 14, 2026
Podcasts
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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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Civitas Outlook
Gordon Wood Told the Truth About America

Gordon Wood showed us that a great historian could also be a regular guy.

Civitas Outlook
Gordon Wood's American Revolution

Widely acknowledged as the pre-eminent historian of the American Founding in our time, Wood was virtually without peer within academic American history today.

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