Constitutional Commentary articles published before 2022.

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Submissions from 2011

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Individual Autonomy and Free Speech: Editor's Note, Vincent Blasi

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On Being "Bound Thereby", Alison L. LaCroix

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Our Perfect, Perfect Constitution, Michael Stokes Paulsen

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Reply to Critics, Seana Valentine Shiffrin

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Seana Shiffrin's Thinker-Based Freedom of Speech: A Response, Seana Valentine Shiffrin

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Seana Shiffrin's Thinker-Based Theory of Free Speech: Elegant and Insightful, But Will It Work in Practice?, James Weinstein

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Should We Have a Liberal Constitution?, Louis Michael Seidman

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So Much to Rewrite, So Little Time...., Sanford Levinson

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Speech Restrictions that Don't Much Affect the Autonomy of Speakers, Eugene Volokh

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The Constitution and the Political Community, Michael C. Dorf

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The Extraterritorial Constitution and the Rule of Law, Jenny S. Martinez

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There Is No First Amendment Overbreadth (But There Are Vague First Amendment Doctrines); Prior Restrains Aren't "Prior"; and "As Applied" Challenges Seek Judicial Statutory Amendments, Larry Alexander

Submissions from 2010

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An Almost Archeological Dig: Finding a Surprisingly Rich Early Understanding of Substantive Due Process, Louise Weinberg

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"A New Era of Openness?": Disclosing Intelligence to Congress Under Obama, Kathleen Clark

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Bush and Obama Fight Terrorists Outside Justice Jackson's Twilight Zone, Afsheen John Rasdan

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Bush, Obama and Beyond: Observations on the Prospect of Fact Checking Executive Department Threat Claims Before the Use of Force, Leslie Gielow Jacobs

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Constitutional Constructions and Constitutional Decision Rules: Thoughts on the Carving of Implementation Space, Mitchell N. Berman

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Constructing a New American Constitution, Keith E. Whittington

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Constructing the Constitutional Canon: The Metonymic Evolution of Federalist 10, Ian Bartrum

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National Security and the Article Ii Shell Game, Heidi Kitrosser

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Obama's Constitution: The Passive Virtues Writ Large, Richard A. Epstein

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Obama's Equivocal Defense of Agency Independence, Kevin M. Stack

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Our Boggling Constitution; Or, Taking Text Really, Really Seriously, Anonymous Author

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Preemption Choice in Context, Michael S. Greve

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President Obama's Progress in Government Ethics, Richard W. Painter

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Presidents, Preemption, and the States, Michele E. Gilman

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Race, Religion and Nationality in Immigration Selection: 120 Years After the Chinese Exclusion Case, Liav Orgad and Theodore Ruthizer

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Racheting Back: International Law as a Constraint on Executive Power, Deborah N. Pearlstein

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Reply to Koppelman: Originalism and the (Merely) Human Constitution, Steven D. Smith

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Specifying Constitutional Rights, John Oberdiek

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State Secrets and Executive Accountability, Christina E. Wells

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Taking Shari'a Seriously. Book Review Of: The Fall and Rise of the Islamic State. Noah Feldman, Asifa Quraishi

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Telepathic Law, Larry Alexander

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The Constitutional Interpretation/Construction Distinction: A Useful Fiction, Laura A. Cisneros

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The Interpretation-Construction Distinction, Lawrence B. Solum

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The Interpretation/Construction Distinction in Constitutional Law: Annual Meeting of the AALS Section on Constitutional Law: Introduction, Amy Barrett

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The Obama Administration. Fundamental Institutional Change, and the Constitutional Lawmaking System, Michael B. Rappaport

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The Supreme Court's Declining Plenary Docket: A Membership-Based Explanation, David R. Stras

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The Unreviewable Executive: Kiyemba, Maqaleh, and the Obama Administration, Stephen I. Vladeck

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The Vanity of Dogmatizing, Marc O. DeGirolami

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What Good Is Habeas?, Aziz Z. Huq

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Why Jack Balkin Is Disgusting, Andrew Koppelman

Submissions from 2009

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Guantanamo, Boumediene, and Jurisdiction-Stripping: The Imperial President Meets the Imperial Court, Martin J. Katz

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Is Law? Constitutional Crisis and Existential Anxiety, Alice Ristroph

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Judicial Character (And Does It Matter). Book Review Of: Constitutional Conscience: The Moral Dimension of Judicial Decision. H. Jefferson Powell; How Judges Think. Richard A. Posner; Judgement Calls: Principle and Politics in Constitutional Law. Daniel A. Farber & Suzanna Sherry, Paul Horwitz

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Judicial Review and Judicial Duty: The Original Understanding. Book Review Of: Law and Judicial Duty. by Philip Hamburger, Nelson Lund

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Originalism as Jujitsu. Book Review Of: Retained by the People: The "Silent" Ninth Amendment and the Constitutional Rights Americans Don't Know They Have. by Daniel A. Farber, Kurt T. Lash

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Originalism's Misplaced Fidelity: "Original" Meaning Is Not Objective, Tara Smith

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Publius for All of Us. Book Review Of: The Story of the Federalist: How Hamilton and Madison Reconceived America. by Dan T. Coenen, Brannon P. Denning

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Putting the Law Back in Constitutional Law, Suzanna Sherry

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Remarks by Chief Judge Kozinski, Alex Kozinski

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The Empirical Judiciary. Book Review Of: Constitutional Fictions: A Unified Theory of Constitutional Facts. by David L. Faigman, A. Christopher Bryant

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The Sometimes Unitary Executive: Presidential Practice Throughout History. Book Review Of: The Unitary Executive: Presidential Power from Washington to Bush. Steven G. Calabresi and Christopher S. Yoo, Harold J. Krent

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When and How U.S. Courts Should Cite Foreign Law, Stephen Yeazell

Submissions from 2008

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A Better Path for Constitutional Tort Law, John M. Greabe

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Belonging and Empowerment: A New ''Civil Rights" Paradigm Based on Lessons of the Past. Book Review Of: The Lost Promise of Civil Rights. by Risa L. Goluboff, Rebecca E. Zietlow

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Christendom Without Establishment: A Brief Look at History, Robert E. Rodes Jr.

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Democracy Uncaged. Book Review Of: Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It). by Sanford Levinson, Suzanna Sherry

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Discrimination Between Religions: Some Thoughts on Reading Greenawalt's Religion and the Constitution: Establishment and Fairness, John Finnis

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Eclecticism, Nelson Tebbe

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Establishment and Judicial Administrability, Anthony J. Bellia Jr.

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Expounding Constitutional Scholarship. Book Review Of: Expounding the Constitution: Essays in Constitutional Theory. Grant Huscroft, Ed., Greígoire C. N. Webber

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Indeterminacy and the Establishment Clause, Frederick Mark Gedicks

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Judging Facts Like Law, John O. McGinnis and Charles W. Mulaney

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Judicial Enforcement of the Establishment Clause, Richard W. Garnett

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Kent Greenawalt and the Difficulty (Impossibility?) of Religion Clause Theory, Larry Alexander

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Kent Greenawalt's Elusive Constitution, Steven D. Smith

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Really Cool Stuff: Digital Searches into the Constitutional Period, Calvin H. Johnson

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Religious Establishment and Autonomy, Andrew Koppelman

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Religious Reasons and the Liberty of Citizens: The Integration of the Religious and the Secular in Kent Greenawalt's Religion and the Constitution, Robert Audi

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Requiem for the Establishment Clause, Winnifred Fallers Sullivan

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Sovereignty as Discourse. Book Review Of: The Language of Liberal Constitutionalism. by Howard Schweber, Robert L. Tsai

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Terror Conflated? Book Review Of: Terror in the Balance: Security, Liberty, and the Courts. by Eric A. Posner & Adrian Vermeule, Fionnuala Nií Aolaíin

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The Indivisible Constitution. Book Review Of: The Invisible Constitution. by Laurence H. Tribe, Kermit III Roosevelt

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The Obama Presidency and the Roberts Court: Some Hints from Political Science. Book Review Of: Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court and Constitutional Leadership in U.S. History. by Keith E. Whittington, Mark Tushner

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The Philosopher's Brief, Paul Horwitz

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The Wisdom of Soft Judicial Power: Mr. Justice Powell, Concurring, Samuel Estreicher and Tristan Pelham-Webb

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Was Bush V. Gore a Human Rights Case?, Gerald L. Neuman and Nicholas Hatzis

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What Would Justice Powell Do?: The 'Alien Children' Case and the Meaning of Equal Protection, Linda Greenhouse

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Why Tolerate Religion?, Brian Leiter

Submissions from 2007

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Abortion and Original Meaning, Jack M. Balkin

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An Empirical Analysis of the Confirmation Hearings of the Justices of the Rehnquist Natural Court, Jason J. Czarnezki, William K. Ford, and Lori A. Ringhand

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Between the Domestic and the Foreign: Centering the Nation's Edges. Book Review Of: Legal Borderlands: Law and the Construction of American Boarders. Mary L. Dudziak and Leti Volpp, Eds., Linda Bosniak

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Common Law, Civil Law, and the Administrative State: from Coke to Lochner, Noga Morag-Levine

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Constitution Day Is Unconstitutional, Alain L. Sanders

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''Fairer Still the Woodlands" Mapping the Free Exercise Forest. Book Review Of: Religion and the Constitution: Free Exercise and Fairness. by Kent Greenawalt., John Jr. Witte

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"He'll Take His Stand" Book Review Of: Dred Scott and the Problem of Constitutional Evil. by Mark A. Graber, Ken I. Kersch

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Judicial Activism: An Empirical Examination of Voting Behavior on the Rehnquist Natural Court, Lori A. Ringhand

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Middle Ground? Book Review Of: Same Sex Different States: When Same-Sex Marriages Cross State Lines. by Andrew Koppelman, Patrick J. Borchers

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Original Interpretive Principles as the Core of Originalism, John O. McGinnis and Michael Rappaport

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Originalism and Its Discontents (Plus a Thought or Two About Abortion), Mitchell N. Berman

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Original Meaning and Constitutional Redemption, Jack M. Balkin

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Overcoming Dred: A Counterfactual Analysis, Louise Weinberg

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Reconstruction and the Police: Two Ships Passing in the Night? Book Review Of: Reconstructing the Fourth Amendment: A History of Search and Seizure, 1789-1868. by Andrew E. Taslitz, Donald A. Dripps

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Scalia's Poker: Puzzles and Mysteries in Constitutional Interpretation, Timothy P. O'Neill

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The Aggregate Harmony Metric and a Statistical and Visual Contextualization of the Rehnquist Court: 50 Years of Data, Peter A. Hook

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The Most Dangerous Justice Rides into the Sunset, Paul H. Edelman and Jim Chen

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The Perpetual Anxiety of Living Constitutionalism, Ethan J. Leib

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The Progressive Political Power of Balkin's "Original Meaning", Dawn Johnsen

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The Rhetoric of Restraint and the Ideology of Activism, Stefanie A. Lindquist, Joseph L. Smith, and Frank B. Cross