A Critique of the Eastman Memos

by Joseph M. Bessette

Joseph M. Bessette examines John Eastman’s post-election memoranda.

The Making of the Administrative State

by Myron Magnet

The Progressives bequeathed us a regime without legitimacy.

Getting Rights Wrong

by Randy E. Barnett

“Rational basis review” is a terrible way to determine our liberties.

Gated Communities

by Bradley C.S. Watson

How might individuals form meaningful communities of their own?

Packing the Court

by Stephen B. Presser

The politics of judicial appointments.

Redemption Without Repentance

by Michael S. Greve

Cass Sunstein and Adrian Vermeuele have provided an accessible defense of a curiously ill-defined beast—the “administrative state.”

Curtailing the Court

by Jeremy A. Rabkin

If judges acknowledged the political background of much constitutional debate, they would act with more restraint.

The Law That Ate the Constitution

by Helen Andrews

The United States now has two constitutions. Which of the two constitutions shall prevail?

Confirmation Bias

by Conrad Black

Two sharply different perspectives on the nomination and confirmation of Judge Brett Kavanaugh to the United States Supreme Court.

Ten Thousand Cases

by Michael S. Greve

Judicial review is too frequent to deem the Court a mere lapdog of Congress, but decisions upholding federal statutes far outnumber invalidations.

The Trajectory of Justice

by Mark Helprin

The echoes of Plessy v. Ferguson have distorted our jurisprudence.

Natural Justice

by Ken Masugi

No jurist has done more than Clarence Thomas to oppose the Progressive synthesis of leviathan and anarchy.

Claremont Review of Books

Law

Constitutional Statesmanship