Constitutional Commentary

Issue Number

Latest documents

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

Featured documents

• MCCULLOCH V. MARBURY.
• FOUR PRIVACY STORIES AND TWO HARD CASES.
• In defense of constitutional republicanism: a reply to criticisms of "Our Republican Constitution."(in this issue, p. 31, 61, 83, 113, 143, 175)
• La constitucion de los Estados Unidos en espanol: un servicio para el pueblo americano.
• Proportionality: Constitutional Rights and Their Limitations.
• NOTICING THE GOVERNMENT'S VOICE AND PONDERING ITS IMPLICATIONS.
• AMAR'S WORDS THAT MADE US.
• A conversation about abortion between Justice Blackmun and the Founding Fathers.
• A POSITIVIST, BASEBALL-CENTRIC CRITIQUE OF ORIGINALISM.
• The Nature of Legislative Intent.