Constitutional Commentary
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The virtues of presidential government: why Professor Ackerman is wrong to prefer the German to the U.S. Constitution.
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The Politics of Principle: The First South African Constitutional Court, 1995-2005.
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So help me God: religion and presidential oath-taking.
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Text, precedent, and the Constitution: some originalist and normative arguments for overruling Planned Parenthood of Southeastern Pennsylvania v. Casey.
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From Cruzan to Schiavo: similar bedfellows in fact and at law.
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The concept of corruption in campaign finance law.
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AGAINST HISTORICAL PRACTICE: FACING UP TO THE CHALLENGE OF INFORMAL CONSTITUTIONAL CHANGE.
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International human rights law perspective on Grutter and Gratz.
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Marbury and the retreat from judicial supremacy.
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Campaign finance, the parties and the court: a comment on Colorado Republican Federal Campaign Committee v. Federal Elections Commission.
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Requiem for the establishment clause.
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MCCULLOCH V. MARYLAND, SLAVERY, THE PREAMBLE, AND THE SWEEPING CLAUSE.
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Fidelity to the best version of ourselves.
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Getting normative: the role of natural rights in constitutional adjudication.
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Law and Judicial Duty.
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Religious establishment and autonomy.
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Kent Greenawalt and the difficulty (impossibility?) of religion clause theory.
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Beard & uber-Beard.
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Smokey and the Bandit in cyberspace: the dormant commerce clause, the Twenty-First Amendment, and state regulation of Internet alcohol sales.
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The interpretation-construction distinction.
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The trial of Charles I: a sesquitricentennial reflection.
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Why the canon should be expanded to include insular cases and the saga of American expanionism?
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ENFORCING THE DECISIONS OF "THE PEOPLE".
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Same Sex Different States: When Same-Sex Marriages Cross State Lines.
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A better path for constitutional tort law.
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STATES OF CONTINUITY OR STATE OF EXCEPTION? RACE, LAW AND POLITICS IN THE AGE OF TRUMP.
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Three arguments about war.
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ORIGINALIST THEORY AND PRECEDENT: A PUBLIC MEANING APPROACH.
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The dangers of the union.
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The Fourteenth Amendment and Native American citizenship.
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History, theory and the Constitution.
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Cousin Humphrey.
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MAKING SENSE OF EQUALITY.
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Mathematics and the legal imagination: a response to Paul Edelman.
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Rhetoric and the Rule of Law: A Theory of Legal Reasoning.
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Presidents, preemption, and the states.
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In defense of deference.
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HATE SPEECH LAWS, LEGITIMACY, AND PRECAUTION: A REPLY TO JAMES WEINSTEIN.
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Judicial Power and American Character: Censoring Ourselves in an Anxious Age.
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Understanding the 2000 Election: A Guide to the Legal Battles That Decided the Presidency.
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ARGUING ABOUT THE CONSTITUTION: THE TOPICS IN CONSTITUTIONAL INTERPRETATION.
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Founding-era translations of the U.S. Constitution.
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Protecting unconscious, medically-dependent persons after Wendland & Schiavo.
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Family conflict and family privacy: the constitutional violation in Terri Schiavo's death.
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Originalism as a legal enterprise.
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Stop the fight for women's equality.
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DeFunis, defunct.
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The constitution of Bosnia-Herzegovina.
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American Constitutionalism: From Theory to Politics.
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Our boggling Constitution; or, taking text really, really seriously.
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The rhetoric of restraint and the ideology of activism.
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Dedication and foreword.
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Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations.
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The dubious enumerated power doctrine.
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There is no winter in Minnesota.
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Fig leaf federalism and Tenth Amendment exceptionalism.
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Poverty and discrimination: notes on 'American Apartheid.' (by Douglas Massey and Nancy Denton).
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Cardozo.
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The perpetual anxiety of living constitutionalism.
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Originalism and the desegregation decisions - response to Professor McConnell.
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The document and the drama.
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A Republic of Statutes: The New American Constitution.
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The Negotiable Constitution: On the Limitation of Rights.
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POLITICAL TRUST, SOCIAL TRUST, AND JUDICIAL REVIEW.
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We the exceptional American people.
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Four constitutional limits that the minimum coverage provision respects.
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Expounding the Constitution: Essays in Constitutional Theory.
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The Partial Constitution.
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CONSTITUTIONAL SMALL TALK.
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One Case at a Time: Judicial Minimalism on the Supreme Court.
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The day after: do we need a "Twenty-Eighth Amendment?"
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HATE SPEECH, LEGITIMACY, AND THE FOUNDATIONAL PRINCIPLES OF GOVERNMENT.
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Capturing the canon.
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Taking the Constitution Away from the Courts.
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The doctor requirement: Griswold, privacy, and at-home reproductive care.
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How to violate the Constitution without really trying: lessons from the repeal of prohibition to the Balanced Budget Amendment.
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The Invisible Constitution.
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Always under law?
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Obama's Constitution: the passive virtues writ large.
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When the court has a party, how many "friends" show up? A note on the statistical distribution of amicus brief filings.
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Ordered Liberty: Rights, Responsibilities, and Virtues.
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A "uniform and entire" Constitution; or, what if Madison had won?
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Ordered Liberty: Rights, Responsibilities, and Virtues.
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Fighting Words: Individuals, Communities and Liberties of Speech.
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"ORIGINALIST" JUSTICES AND THE MYTH THAT ARTICLE III "CASES" ALWAYS REQUIRE ADVERSARIAL DISPUTES.
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Republicanism and natural rights at the pounding.
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Democracy by Decree: What Happens When Courts Run Government.
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Jurisprudence without moral consensus: constitutional arguments in Idd for driving on the right or left side of the road.
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THE REIGN OF CONSTITUTIONAL POSITIVISM: REVOLUTION RECONCEIVED IN THE NEW CONSTITUTIONAL AGE.
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If the states had been sovereign.
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The Lost Promise of Civil Rights.
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Fundamentally wrong about fundamental rights.
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Commandeering, the Tenth Amendment, and the federal requisition power: New York v. United States revisited.
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The last centrifugal force.
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Medium rare scrutiny.
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Talking It Through: Puzzles of American Democracy.
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Originalism - the forgotten years.
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Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1865-1876.
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On casebooks and canons or why Bob Jones University will never be part of the constitutional law canon.
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Free speech in political philosophy and its relation to American constitutional law: a consideration of Mill, Meiklejohn, and Plato.
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The nomination of Justice Brennan: Eisenhower's mistake? A look at the historical record.
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After Grutter v. Bollinger - revisiting the desegregation era from the perspective of the post-desegregation era.
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Ratcheting back: international law as a constraint on executive power.
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Intelligent or unintelligent fidelity?
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A thinker-based approach to freedom of speech.
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In re Hundred Acre Wood.
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Charles Beard & progressive legal historiography.
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Does "practicality" have a place in the "canon of constitutional law"?
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The interpretation/construction distinction in constitutional law: annual meeting of the AALS section on constitutional law.
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An empirical analysis of the confirmation hearings of the justices of the Rehnquist natural Court.
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The Supreme Court, judicial review, and the public: leadership versus dialogue.
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Be careful what you wish for.
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Reconstructing the Fourth Amendment: A History of Search and Seizure.
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What does the Second Amendment restrict? A collective rights analysis.
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Our Unsettled Constitution: A New Defense of Constitutionalism and Judicial Review.
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To keep and bear arms in the early Republic.
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Constitutional Law.
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The forgotten constitutional moment.
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The Constitution in Congress: The Federalist Period, 1789-1801.
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Secrecy and dishonesty: the Supreme Court, racial preferences, and higher education.
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The whole thing.
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HATE SPEECH - DEFINITIONS & EMPIRICAL EVIDENCE.
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La constitucion de los Estados Unidos en espanol: un servicio para el pueblo americano.
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The lame ducks of Marbury.
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The office of the oath.
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Gender Equality: Dimensions of Women's Equal Citizenship.
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Why the Supreme Court should not have decided the presidential election of 2000.
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True God of the next justice.
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Coeur d'Alene, federal courts and the supremacy of federal law: the competing paradigms of Chief Justices Marshall and Rehnquist.
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Rational basis "plus".
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Eclecticism.
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Should Race Matter? Unusual Answers to the Usual Questions.
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The Federal Impeachment Process: A Constitutional and Historical Analysis.
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SEX, TRUMP, AND CONSTITUTIONAL CHANGE.
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Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform.
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Constitutional law haiku.
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What is the Constitution's worst provision?
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Abortion and original meaning.
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What would Justice Powell do? The 'alien children' case and the meaning of equal protection.
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Reynolds v. United States: the historical construction of constitutional reality.
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On being "bound thereby".
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Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition.
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Originalism and the Good Constitution.
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Free speech and speaker's intent.
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GLIMPSES OF REPRESENTATION-REINFORCEMENT IN STATE COURTS.
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Free speech and political legitimacy: a response to Ed Baker.
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Judicial character (and does it matter).
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Constitutional law's loose canon: are we running software without the operating system?
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Defending judicial supremacy: a reply.
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The Nature of Legislative Intent.
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The constitutional law songbook.
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The contagion of constitutional avoidance.
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Editor's note.
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Hamdan's limits and the Military Commissions Act.
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The aggregate harmony metric and a statistical and visual contextualization of the Rehnquist court: 50 years of data.
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Implementing the Constitution.
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Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism.
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Political Political Theory: Essays on Institutions.
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Kent Greenawalt's elusive Constitution.
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Constitutional hypocrisy.
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Elizabeth Cady Stanton on the Federal Marriage Amendment: a letter to the president.
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The Interpretable Constitution.
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Racial integration as a compelling interest.
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Anecdotage.
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Underlying principles.
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How "decentralization" rationalizes oligarchy: John McGinnis and the Rehnquist Court.
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Presidential Defiance of "Unconstitutional" Laws: Reviving the Royal Prerogative.
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Terror in the Balance: Security, Liberty, and the Courts.
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Public Intellectuals: A Study of Decline.
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The little red schoolhouse: Pierce, state monopoly of education and the politics of intolerance.
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The Cosmopolitan Constitution.
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Legal Borderlands: Law and the Construction of American Borders.
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The civic dimensions of American constitutionalism.
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Parlor game.
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Keeping legal history "legal" and judicial activism in perspective: a reply to Richard Pildes.
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Who teaches constitutional law?
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UNPRECEDENTED PRECEDENT: THE CASE AGAINST UNREASONED "SHADOW DOCKET" PRECEDENT.
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Of judicial supremacy and academic inadequancy.
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The future of an illusion: reconstituting Planned Parenthood v. Casey.
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Taxes, conscience, and the Constitution.
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Necromancing the Equal Rights Amendment.
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LAW BETWEEN OPTIMALITY AND NORMATIVITY.
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Court-packing and compromise.
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Brennan and Democracy.
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You Can't Say That: The Growing Threat to Civil Liberties from Antidiscrimination Laws.
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The myth of the neutral amicus: American courts and their friends, 1790-1890.
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Why Law Matters.
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Me the people.
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The Ten Commandments in Alabama.
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Speech restrictions that don't much affect the autonomy of speakers.
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"BUT MAYBE EVERYTHING THAT DIES SOMEDAY COMES BACK".
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The aftermath of Thornton.
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Segregation and the original understanding: a reply to Professor Maltz.
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Lost at the equal protection carnival: Nelson Lund's "Carnival of Mirrors."(response to article in this issue, p. 609).
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Revolution by Judiciary: The Structure of American Constitutional Law.
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Another chat with the lady in the grocery line: Clinton v. Jones.
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Reply to critics.
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Introduction.
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American Constitutional Law, vol. 1.
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The interpretation of constitutional history, or Charles Beard becomes a fortuneteller (with an emphasis on free expression).
