Constitutional Commentary

Issue Number

Latest documents

• THE BATTLE OVER RIGHTS IS THE PROBLEM BUT JUDGES ARE NOT THE SOLUTION.(Review of "HOW RIGHTS WENT WRONG: WHY OUR OBSESSION WITH RIGHTS IS TEARING AMERICA APART" By Jamal Greene.)
• THE REIGN OF CONSTITUTIONAL POSITIVISM: REVOLUTION RECONCEIVED IN THE NEW CONSTITUTIONAL AGE.(Review of "CONSTITUTIONAL REVOLUTION" by Gary Jeffrey Jacobsohn & Yaniv Roznai.)
• "ORIGINALIST" JUSTICES AND THE MYTH THAT ARTICLE III "CASES" ALWAYS REQUIRE ADVERSARIAL DISPUTES.(Review of "CASES WITHOUT CONTROVERSIES: UNCONTESTED ADJUDICATION IN ARTICLE III COURTS" by James E. Pfander)
• A POSITIVIST, BASEBALL-CENTRIC CRITIQUE OF ORIGINALISM.
• UNPRECEDENTED PRECEDENT: THE CASE AGAINST UNREASONED "SHADOW DOCKET" PRECEDENT.
• LAW BETWEEN OPTIMALITY AND NORMATIVITY.(Review of "LAW'S IDEAL DIMENSION" by Robert Alexy. )
• FOUR PRIVACY STORIES AND TWO HARD CASES.(Review of "PRIVACY AT THE MARGINS" by Scott Skinner-Thompson.)
• THE WORDS THAT MADE US LISTEN TO ONE ANOTHER.
• AFTER WORDS.(response to articles in this issue, p. 1, 13, 27, 41, 55)
• RECONSIDERING THE CONSTITUTION'S PREAMBLE: THE WORDS THAT MADE US U.S.

Featured documents

• The virtues of presidential government: why Professor Ackerman is wrong to prefer the German to the U.S. Constitution.
• Rethinking judicial supremacy.
• Does Footnote Four describe?
• The Politics of Principle: The First South African Constitutional Court, 1995-2005.
• So help me God: religion and presidential oath-taking.
• The F-motion.
• Constitutional Law.
• The canon and the Constitution outside the courts.
• From Cruzan to Schiavo: similar bedfellows in fact and at law.
• The concept of corruption in campaign finance law.