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Constitutional Commentary, Vols 1–36 (1984–2022)

Constitutional Commentary articles published before 2022.

Submissions from 2010 2010

Freedom of Speech and Two Types of Autonomy, Steven H. Shiffrin

Free Speech and Autonomy: Thinkers, Storytellers, and a Systematic Approach to Speech, Susan H. Williams

Free Speech and Political Legitimacy: A Response to Ed Baker, James Weinstein

Growing a Constitution, Leslie Gielow Jacobs

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

On Being "Bound Thereby", Alison L. LaCroix

Our Perfect, Perfect Constitution, Michael Stokes Paulsen

Reply to Critics, Seana Valentine Shiffrin

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

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

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

Should We Have a Liberal Constitution?, Louis Michael Seidman

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

Specifying Constitutional Rights, John Oberdiek

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

Telepathic Law, Larry Alexander

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

The Constitution and the Political Community, Michael C. Dorf

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

The Interpretation-Construction Distinction, Lawrence B. Solum

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

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

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

The Vanity of Dogmatizing, Marc O. DeGirolami

Why Jack Balkin Is Disgusting, Andrew Koppelman

Submissions from 2009 2009

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

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

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

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

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

National Security and the Article Ii Shell Game, Heidi Kitrosser

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

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

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

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

Preemption Choice in Context, Michael S. Greve

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

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

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

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

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

State Secrets and Executive Accountability, Christina E. Wells

Taking Shari'a Seriously, Asifa Quraishi

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

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

What Good Is Habeas?, Aziz Z. Huq

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

Submissions from 2008 2008

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

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

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

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

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

Eclecticism, Nelson Tebbe

Establishment and Judicial Administrability, Anthony J. Bellia Jr.

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

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

Indeterminacy and the Establishment Clause, Frederick Mark Gedicks

Is Law? Constitutional Crisis and Existential Anxiety, Alice Ristroph

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

Judicial Enforcement of the Establishment Clause, Richard W. Garnett

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

Kent Greenawalt's Elusive Constitution, Steven D. Smith

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

Putting the Law Back in Constitutional Law, Suzanna Sherry

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

Religious Establishment and Autonomy, Andrew Koppelman

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

Remarks by Chief Judge Kozinski, Alex Kozinski

Requiem for the Establishment Clause, Winnifred Fallers Sullivan

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

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

The Empirical Judiciary, A. Christopher Bryant

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

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

The Philosopher's Brief, Paul Horwitz

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

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

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

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

Why Tolerate Religion?, Brian Leiter

Submissions from 2007 2007

Abortion and Original Meaning, Jack M. Balkin

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

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

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

Constitution Day Is Unconstitutional, Alain L. Sanders

''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

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

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

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

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

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

Original Meaning and Constitutional Redemption, Jack M. Balkin

Overcoming Dred: A Counterfactual Analysis, Louise Weinberg

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

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

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

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

The Perpetual Anxiety of Living Constitutionalism, Ethan J. Leib

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

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