Constitutional Commentary

Issue Number

Latest documents

• LAW BETWEEN OPTIMALITY AND NORMATIVITY.
• THE BATTLE OVER RIGHTS IS THE PROBLEM BUT JUDGES ARE NOT THE SOLUTION.
• THE REIGN OF CONSTITUTIONAL POSITIVISM: REVOLUTION RECONCEIVED IN THE NEW CONSTITUTIONAL AGE.
• "ORIGINALIST" JUSTICES AND THE MYTH THAT ARTICLE III "CASES" ALWAYS REQUIRE ADVERSARIAL DISPUTES.
• A POSITIVIST, BASEBALL-CENTRIC CRITIQUE OF ORIGINALISM.
• UNPRECEDENTED PRECEDENT: THE CASE AGAINST UNREASONED "SHADOW DOCKET" PRECEDENT.
• FOUR PRIVACY STORIES AND TWO HARD CASES.
• THE WORDS THAT MADE US LISTEN TO ONE ANOTHER.
• RECONSIDERING THE CONSTITUTION'S PREAMBLE: THE WORDS THAT MADE US U.S.
• AFTER WORDS.

Featured documents

• The virtues of presidential government: why Professor Ackerman is wrong to prefer the German to the U.S. Constitution.
• The Politics of Principle: The First South African Constitutional Court, 1995-2005.
• So help me God: religion and presidential oath-taking.
• Text, precedent, and the Constitution: some originalist and normative arguments for overruling Planned Parenthood of Southeastern Pennsylvania v. Casey.
• From Cruzan to Schiavo: similar bedfellows in fact and at law.
• The concept of corruption in campaign finance law.
• AGAINST HISTORICAL PRACTICE: FACING UP TO THE CHALLENGE OF INFORMAL CONSTITUTIONAL CHANGE.
• International human rights law perspective on Grutter and Gratz.
• Marbury and the retreat from judicial supremacy.
• Campaign finance, the parties and the court: a comment on Colorado Republican Federal Campaign Committee v. Federal Elections Commission.