Constitutional Commentary was founded in 1984 and is one of the few faculty-edited law journals in the country. It enjoys a wide following among legal scholars, historians, political scientists and others interested in constitutional law and history. Part of its popularity is due to the editors’ preference for “shorter and less ponderous articles” as opposed to the more lengthy and heavily footnoted articles found in traditional law reviews.

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Submissions from 1989

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Book Review: Abortion and Divorce in Western Law. by Mary Ann Glendon., Lauren Robel

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Book Review: A Worthy Tradition: Freedom of Speech in America. by Harry Kalven, Jr. Edited by Jaime Kalven., Norman L. Rosenberg

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Rules, the Rule of Law, and the Constitution., Frederick Schauer

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Hard Law and Mandate for Justice., Maimon Schwarzschild

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Book Review: The Thinking Revolutionary: Principle and Practice in the New Republic. by Ralph Lerner., Robert Scigliano

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Book Review: Gender Justice. by David L. Kirp, Mark G. Yudof, Marlene S. Franks., Suzanna Sherry

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Book Review: The NAACP's Legal Strategy Against Segregated Education, 1925-1950. by Mark V. Tushnet., John Cary Sims

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Book Review: Separation of Church and State: Historical Fact and Current Fiction. by Robert L. Cord; Christianity and the State. by Rousas John Rushdoony., Steven D. Smith

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Book Review: Chadha: The Story of an Epic Constitutional Struggle. by Barbara Hinkson Craig., Frank J. Sorauf

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Six Theses on Interpretation., Cass R. Sunstein

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Book Review: State Supreme Courts in State and Nation. by G. Alan Tarr and Mary Cornelia Aldis Porter., Michael C. Tolley

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Book Review: The Political Ideas of Leo Strauss. by Shadia B. Drury., Mark Tushnet

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The Constitution as Law., Mark Tushnet

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The Name of the Rose, Mark Tushnet

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Rhetoric and Reality in the Law of Federal Courts: Professor Fallon's Faulty Premise., Michael Wells

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Book Review: Morality, Politics and Law. by Michael Perry., Michael P. Zuckert

Submissions from 1988

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Constitutional Scholarship: What Next?, Carl A. Auerbach

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Book Review: The Longest Debate: A Legislative History of the 1964 Civil Rights Act. by Charles Whalen and Barbara Whalen., Michael R. Belknap

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The Civil War Amendments to the Constitution: The Relevance of Original Intent., Herman Belz

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Book Review: Feminism & Freedom. by Michael Levin., Brigitte Berger

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Thomas Reed Powell on the Roosevelt Court., John Braeman

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Book Review: The Authoritative and the Authoritarian. by Joseph Vining., Stanley C. Brubaker

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Book Review: The Court and the Constitution. by Archibald Cox., David P. Bryden

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Constitutional Scholarship: What Next?, David P. Bryden

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The Canadian Supreme Court's Abortion Decision, Supreme Court Canada.

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Book Review: Secrecy and Power: The Life of J. Edgar Hoover. by Richard Gid Powers., John C. Chalberg

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Book Review: Free and Equal: A Philosophical Examination of Political Values. by Richard Norman., Jeffrey C. Cohen

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Book Review: Constitutional Federalism in a Nutshell, Second Edition. by David E. Engdahl., Daniel O. Conkle

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Book Review: The Papers of John Marshall, Volume V: Selected Law Cases, 1784-1800. Edited by Charles F. Hobson, Fredrika J. Teute, George H. Hoemann, and Ingrid M. Hillinger., Donald O. Dewey

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Constitutional Scholarship: What Next?, Kirk Emmert

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Constitutional Scholarship: What Next?, Edward J. Erler

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Constitutional Scholarship: What Next?, Daniel A. Farber

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The Facts on Abortion, Daniel A. Farber

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The Zapp Complex, Daniel A. Farber

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Constitutional Scholarship: What Next?, Robert Faulkner

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Book Review: Saving the Revolution: The Federalist Papers and the American Founding. Edited by Charles R. Kesler., Harvey Flaumenhaft

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Book Review: Whose Votes Count? Affirmative Action and Minority Voting Rights. by Abigail M. Thernstrom., Philip P. Frickey

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Constitutional Scholarship: What Next?, Philip P. Frickey

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Constitutional Scholarship: What Next?, John H. Garvey

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Book Review: American Broadcasting and the First Amendment. by Lucas A. Powe, Jr.; Cable Television and the First Amendment. by Patrick Parsons., Henry Geller

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Justice Scalia's Misunderstanding, Stephen Jay Gould

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Book Review: And We Are Not Saved: The Elusive Quest for Racial Justice. by Derrick Bell; Compassion Versus Guilt and Other Essays. by Thomas Sowell., Lino A. Graglia

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Scholars and the Constitution: Bibliographic Notes on Two Centuries of Scholarship on the Constitution of the United States., George S. Grossman

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Book Review: Are We to Be a Nation? the Making of the Constitution. by Richard B. Bernstein, with Kym S. Rice; the Illustrated History of the Supreme Court of the United States. by Robert Shnayerson., Kermit L. Hall

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Constitutional Scholarship: What Next?, Kermit L. Hall

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Book Review: Censorship: Evidence of Bias in Our Children's Textbooks. by Paul C. Vitz., Maurice J. Holland

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Expert Witnesses, Rational Choice and the Search for Intent., J. Morgan Kousser

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Recalling T.R. Powell's Course in Constitutional Law., Victor H. Kramer

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Book Review: Feminism Unmodified. by Catherine Mackinnon; Gender and History. by Linda J. Nicholson., Michael Levin

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Property as a Human Right., Leonard W. Levy

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Constitutional Scholarship: What Next?, Thomas P. Lewis

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Book Review: to Chain the Dog of War: The War Power of Congress in History and Law. by Francis D. Wormuth and Edwin B. Firmage, with Francis P. Butler as a Contributing Author., Charles A. Lofgren

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Constitutional Scholarship: What Next?, Charles A. Lofgren

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The Original Understanding of Original Intent?, Charles A. Lofgren

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Lemuel Shaw and Herman Melville., Kenneth S. Lynn

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Constitutional Scholarship: What Next?, James Magee

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The Supreme Court and the Quality of Political Dialogue., Earl M. Maltz

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Book Review: The Plessy Case: A Legal-Historical Interpretation. by Charles A. Lofgren., Richard E. Morgan

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Constitutional Scholarship: What Next?, Richard E. Morgan

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Book Review: Storm Center: The Supreme Court in American Politics. by David M. O’Brien., Jeffrey Brandon Morris

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Constitutional Scholarship: What Next?, Paul L. Murphy

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Constitutional Scholarship: What Next?, Robert F. Nagel

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Constitutional Scholarship: What Next?, David M. O'Brien

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Book Review: The Douglas Letters: Selections from the Private Papers of Justice William O. Douglas. Edited with an Introduction by Melvin L. Urofsky., Michael E. Parrish

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Constitutional Scholarship: What Next?, Richard A. Posner

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The Privilege Against Self-Incrimination from John Lilburne to Ollie North., Joseph L. Rauh Jr.

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Book Review: Supplement to Max Farrand's the Records of the Federal Convention. Edited by James H. Hutson; Selected Writings on the Constitution. by Raoul Berger., John P. Roche

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Constitutional Scholarship: What Next?, John P. Roche

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Book Review: Novus Ordo Seclorum: The Intellectual Origins of the Constitution. by Forrest McDonald., Norman L. Rosenberg

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Constitutional Scholarship: What Next?, Norman L. Rosenberg

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Book Review: "Government from Reflection and Choice": Constitutional Essays on War, Foreign Relations, and Federalism. by Charles A. Lofgren., Eugene V. Rostow

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Sheathing the Sword of Federal Preemption., Ronald D. Rotunda

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Book Review: The Tree of Liberty: A Documentary History of Rebellion and Political Crime in America. Edited by Nicholas N. Kittrie and Eldon D. Wedlock, Jr., Robert A. Rutland

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Book Review: Power and Policy in Quest of Law: Essays in Honor of Eugene Victor Rostow. Edited by Myres S. McDougal and W. Michael Reisman., Robert Scigliano

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Book Review: Liberty in America: 1600 to the Present (Liberty and Power, 1600-1760, Vol. 1). by Oscar & Lilian Handlin; Constitutional History of the American Revolution: The Authority of Rights. by John Phillip Reid; Beyond Confederation: Origins of the Constitution and American National Identity. Edited by Richard Beeman, Stephen Botein, and Edward C. Carter, Ii., John E. Semonche

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Correspondence, Peter M. Shane and Michael Levin

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The Intellectual Origins of the Constitution: A Lawyers' Guide to Contemporary Historical Scholarship., Suzanna Sherry

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Book Review: Freedom of Speech. by Eric Barendt., Steven D. Smith

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Constitutional Scholarship: What Next?, Rodney A. Smolla

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Book Review: Separation of Powers-Does It Still Work? Edited by Robert A. Goldwin and Art Kaufman., Frank J. Sorauf

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Book Review: Harm to Self. by Joel Feinberg., John Stick

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A Post-Script to Carolene Products., Frank R. Strong

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Teaching Constitutional Law in France and Japan., Allen N. Sultan

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Book Review: The Humane Imagination. by Charles Black., Mark Tushnet

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Constitutional Scholarship: What Next?, Mark Tushnet

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Teaching American Constitutional Law in Poland, W.J. Wagner

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Constitutional Scholarship: What Next?, Michael P. Zuckert

Submissions from 1987

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Partisan Gerrymandering in the Post-Bandemer Era., Charles Backstrom, Leonard Robins, and Scott Eller

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Book Review: Justice and Equality: Here and Now. Edited by Frank S. Lucash., David P. Bryden

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Teaching Law a Century Ago, David P. Bryden and Daniel A. Farber

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Book Review: No Ivory Tower: Mccarthyism and the Universities. by Ellen W. Schrecker., John C. Chalberg

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Book Review: Legal Realism at Yale 1927-60. by Laura Kalman., George C. Christie

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Eakin V. Raub: Refutation or Justification of Marbury V. Madison?, Robert Clinton

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Book Review: 55 Men: The Story of the Constitution Based on the Day-To-Day Notes of James Madison. by F. Rodel., Christopher Collier

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Book Review: The New Right V. the Constitution. by Stephen Macedo; the Supreme Court and the Decline of Constitutional Aspiration. by Gary J. Jacobsohn., Stephen A. Conrad

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Book Review: Protesters on Trial: Criminal Justice in the Southern Rights and Vietnam Antiwar Movements. by Steven E. Barkan., Donald A. Downs

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Federalism and the Constitution: The Founders' Design and Contemporary Constitutional Law., Murray Dry

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Procedural Due Process: The Original Understanding., Edward J. Eberle

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Post-Modern Dental Studies, Daniel A. Farber

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Teaching the Commerce Clause: A Problem Approach, Daniel A. Farber