The Carrot and the Stick
Americans have sold their constitutional heritage, submitting to rights violations and the undermining of basic political structures in return for money.
Law
Coping with the 14th Amendment
Changing theories of constitutional interpretation have prompted a reconsideration of the 14th Amendment.
Originalism Is Not Enough
Many judges simply begin with their own sense of what the right outcome should be and use constitutional clauses or commentaries as cover for their judgments.
Constitutional Statesmanship
John C. Eastman responds to Joseph M. Bessette’s examination of Eastman’s post-election memoranda.
A Critique of the Eastman Memos
Joseph M. Bessette examines John Eastman’s post-election memoranda.
The Making of the Administrative State
The Progressives bequeathed us a regime without legitimacy.
Getting Rights Wrong
“Rational basis review” is a terrible way to determine our liberties.
Gated Communities
How might individuals form meaningful communities of their own?
Packing the Court
The politics of judicial appointments.
Redemption Without Repentance
Cass Sunstein and Adrian Vermeuele have provided an accessible defense of a curiously ill-defined beast—the “administrative state.”
Curtailing the Court
If judges acknowledged the political background of much constitutional debate, they would act with more restraint.
The Law That Ate the Constitution
The United States now has two constitutions. Which of the two constitutions shall prevail?