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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Rethinking judicial supremacy.
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Does Footnote Four describe?
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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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The F-motion.
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Constitutional Law.
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The canon and the Constitution outside the courts.
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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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Two phone calls.
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AGAINST HISTORICAL PRACTICE: FACING UP TO THE CHALLENGE OF INFORMAL CONSTITUTIONAL CHANGE.
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Albion Tourgee: remembering Plessy's lawyer on the 100th anniversary of Plessy v. Ferguson.
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Constructing the constitutional canon: the metonymic evolution of Federalist 10.
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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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International human rights law perspective on Grutter and Gratz.
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Ordered Liberty: Rights, Responsibilities, and Virtues.
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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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A very new lawyer's first case: Brown v. Board of Education.
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MCCULLOCH V. MARYLAND, SLAVERY, THE PREAMBLE, AND THE SWEEPING CLAUSE.
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Religious establishment and autonomy.
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Constitution Day is unconstitutional.
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The Coase Theorem and the Eleventh Amendment.
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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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Reading Deboer and Obergefell through the "moral readings versus originalisms" debate: from constitutional "empty cupboards" to evolving understandings.
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Originalism and its discontents (plus a thought or two about abortion).
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The interpretation-construction distinction.
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The trial of Charles I: a sesquitricentennial reflection.
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The Problematics of Moral and Legal Theory.
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Chasing the cannon: a tail's view of, and requests to, the dog.
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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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Why the Eleventh Amendment always matters, even when transaction costs are zero: a reply to Professor Farber.
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A better path for constitutional tort law.
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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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Theodore Rex.
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AFTER WORDS.(response to articles in this issue, p. 1, 13, 27, 41, 55)
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Cousin Humphrey.
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History, theory and the Constitution.
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The canon of constitutional law for undergraduate teaching: the melding of constitutional theory, law and interpretive empirical political science.
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The Second Amendment in historical context.
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A colloquy with Jack Greenberg about Brown: experiences and reflections.
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The canons of constitutional law: teaching with a political-historical framework.
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Desperately ducking slavery: Dred Scott and contemporary constitutional theory.
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Mathematics and the legal imagination: a response to Paul Edelman.
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Presidents, preemption, and the states.
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In defense of deference.
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There is no winter in Minnesota.
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Executive power in Youngstown's shadows.
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WHO IS TO BE MASTER: ACCOUNTING FOR HOW THE SUPREME COURT READS THE AMERICAN CONSTITUTION.
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Three arguments about war.
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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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Is a coherent theory of religious freedom possible?
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American Constitutionalism: From Theory to Politics.
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Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations.
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What if ... Buckley were overturned?
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Impeachment and accountability: the case of the first lady.
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The dubious enumerated power doctrine.
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The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11.
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Poverty and discrimination: notes on 'American Apartheid.' (by Douglas Massey and Nancy Denton).
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LEGITIMACY AND HATE SPEECH.
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Cardozo.
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The perpetual anxiety of living constitutionalism.
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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.(Symposium on John Hart Ely's "Democracy and Distrust: A Theory of Judicial Review")
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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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A "uniform and entire" Constitution; or, what if Madison had won?
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Bush v. Gore: looking at Baker v. Carr in a conservative mirror.
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"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)
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Republicanism and natural rights at the pounding.
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Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1865-1876.
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The importance of being final.
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Interpretation and philosophy: Dworkin's Constitution.
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Grand Inquests: The Historic Impeachments of Justice Samuel Chase and President Andrew Johnson.
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The Invisible Constitution.
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Why Law Matters.
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Me the people.
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The constitutionality of a limited convention: an originalist analysis.
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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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Segregation and the original understanding: a reply to Professor Maltz.
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Apple of Gold: Constitutionalism in Israel and the United States.
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Elizabeth Cady Stanton on the Federal Marriage Amendment: a letter to the president.
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The Partial Constitution.
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The federalist papers and the bill of rights.
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The Constitutional State.
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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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The project of the Harvard 'Forewords': a social and intellectual inquiry.
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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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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 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.)
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Jim Crow's long goodbye.
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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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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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Rational basis "plus".
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Eclecticism.
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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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Abortion and original meaning.
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Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom.
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Incidental restrictions of speech and the First Amendment: motive-based rationalization of the Supreme Court's jurisprudence.
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A POSITIVIST, BASEBALL-CENTRIC CRITIQUE OF ORIGINALISM.
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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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Congressional self-discipline: the constitutionality of supermajority rules.
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A century lost: the end of the originalism debate.
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The last twenty five years of affirmative action?
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The myth of superiority.
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Sovereign Virtue: The Theory and Practice of Equality.
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An empirical analysis of the confirmation hearings of the justices of the Rehnquist natural Court.
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Should we have a liberal Constitution?
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The interpretation/construction distinction in constitutional law: annual meeting of the AALS section on constitutional law.
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Constitutionalism in an age of speed.
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Ordered Liberty: Rights, Responsibilities, and Virtues.
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The case for including Marks v. United States in the canon of constitutional law.
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Nonjudicial constitutional interpretation, authoritative settlement, and a new agenda for research.
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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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Who's afraid of Henry Hart?
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The school prayer decisions.
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Hamdan's limits and the Military Commissions Act.
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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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Is American constitutional law in crisis? Ass'n of American Law Schools section on constitutional law (January 2009).
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LIBERALISM AND THE DISTINCTIVENESS OF RELIGIOUS BELIEF.
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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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Untrodden Ground: How Presidents Interpret the Constitution.
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Presidential Defiance of "Unconstitutional" Laws: Reviving the Royal Prerogative.
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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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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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You Can't Say That: The Growing Threat to Civil Liberties from Antidiscrimination Laws.
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UNPRECEDENTED PRECEDENT: THE CASE AGAINST UNREASONED "SHADOW DOCKET" PRECEDENT.
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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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Brennan and Democracy.
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Necromancing the Equal Rights Amendment.
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LAW BETWEEN OPTIMALITY AND NORMATIVITY.(Review of "LAW'S IDEAL DIMENSION" by Robert Alexy. )
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"Uniform throughout the United States": limits on taxing as limits on spending.
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Corporate speech & the rights of others.
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Reply to Koppelman: originalism and the (merely) human constitution.
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Originalism and the desegregation decisions - response to Professor McConnell.
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Political Numeracy: Mathematical Perspectives on Our Chaotic Constitution.
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Justice Iredell, choice of law, and the constitution - a neglected encounter.
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Dedication and foreword. (Youngstown at fifty: a symposium).
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Did Sir Edward Coke mean what he said?
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Preemption Choice: The Theory, Law, and Reality of Federalism's Core Question.
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The myth of the neutral amicus: American courts and their friends, 1790-1890.
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Ordered liberty: a response to three views.
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The aftermath of Thornton.
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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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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).
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Transitional Justice.
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THE STRUCTURE OF INTERPRETIVE REVOLUTIONS.
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States' Rights and the Union: Imperium in Imperios, 1776-1876. (Book reviews).
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The Bill of Rights: Creation and Reconstruction.
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Marbury's wrongness.
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Common law, civil law, and the administrative state: from Coke to Lochner.
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Power and Constraint: The Accountable Presidency After 9/11.
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The wisdom of soft judicial power: Mr. Justice Powell, concurring.
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Court-packing and the Child Labor Amendment.
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Silent concurrences.
